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CITY OF MUSKEGON
CITY COMMISSION MEETING
March 26, 2024 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
☐ CALL TO ORDER:
☐ PRAYER:
☐ PLEDGE OF ALLEGIANCE:
☐ ROLL CALL:
☐ HONORS, AWARDS, AND PRESENTATIONS:
A. Introduction of New Staff Sarah Romine, Planner II City Clerk
☐ PUBLIC COMMENT ON AGENDA ITEMS:
☐ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Purchase of 1698 Wood St. Community & Neighborhood Services
C. CSX Property Restrictive Covenant Public Works
D. Contract Award: H92344 Edgewater & H92340 Millard DPW- Engineering
E. Extension of Partnership Agreement Boys & Girls Club of the Muskegon
Lakeshore DPW- Parks
F. Sale of 466, 486 Erickson; 1172, 1243, 1357 Marquette; 1554 Marcoux, 325
Jackson, and 509 Octavius. Planning
☐ PUBLIC HEARINGS:
☐ UNFINISHED BUSINESS:
☐ NEW BUSINESS:
A. City Manager Evaluation Process City Clerk
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☐ ANY OTHER BUSINESS:
☐ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
☐ CLOSED SESSION:
☐ ADJOURNMENT:
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF
MUSKEGON AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
To give comment on a live-streamed meeting the city will provide a call-in telephone
number to the public to be able to call and give comment. For a public meeting that is
not live-streamed, and which a citizen would like to watch and give comment, they
must contact the City Clerk’s Office with at least a two-business day notice. The
participant will then receive a zoom link which will allow them to watch live and give
comment. Contact information is below. For more details, please visit:
www.shorelinecity.com
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such
as signers for the hearing impaired and audio tapes of printed materials being
considered at the meeting, to individuals with disabilities who want to attend the
meeting with twenty-four (24) hours’ notice to the City of Muskegon. Individuals with
disabilities requiring auxiliary aids or services should contact the City of Muskegon by
writing or by calling the following:
Ann Marie Meisch, MMC. City Clerk. 933 Terrace St. Muskegon, MI 49440. (231)724-6705.
clerk@shorelinecity.com
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 26, 2024 Title: Approval of Minutes
Submitted by: Department: City Clerk
Brief Summary:
To approve the minutes of the March 11, 2024 Worksession and the March 12, 2024 Regular Meeting.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion:
To approve the minutes.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
March 11, 2024 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
2024-22 CALL TO ORDER
Mayor Johnson called the Worksession meeting to order on March 11, 2024 at
5:30 p.m.
ROLL CALL
Present: Mayor Ken Johnson, Vice Mayor Rebecca St. Clair, Commissioners
Katrina Kochin(arrived at (5:46 p.m.), Willie German, Jr., Destinee Keener
(arrived at 6:12 p.m.), Jay Kilgo, and Rachel Gorman (arrived at 6:26 p.m.). City
Manager Jonathan Seyferth, City Clerk Ann Marie Meisch, and Deputy City
Clerk Kimberly Young.
NEW BUSINESS
A. Shoreline Drive Road Diet Pilot Report Public Works
Dan Vanderheide introduced Chris Zull, Transportation Practice Leader from
Progressive A & E, to present findings on the Shoreline Drive Road Diet Pilot. The
presentation covered road conditions, public engagement, data analysis,
traffic performance results, and next steps. Discussion took place. A copy of the
presentation is available in the clerk's office. The public works department will
seek grant opportunities and present a recommendation to the commission at
a later date.
B. Short Term Rental Enforcement & Pause Public Safety
In 2023, the city started to engage with residents and short-term rental owners
through in-person workshops and online surveys to collect feedback and learn
more about issues regarding short-term rentals in our community. Following this
engagement, it is recommended to temporarily pause new short-term rentals in
the City of Muskegon from March 12, 2024, to September 8, 2024, and impose
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new enforcement policies for short-term rentals that violate City ordinances.
City Manager Jonathan Seyferth provided an overview regarding
recommendations pertaining to a pause on short-term rentals that came out of
a worksession meeting, legislative policy meeting, and public input received
through workshops and an online survey. Discussion took place. This item will
appear on the March 12, 2024 regular meeting agenda.
PUBLIC COMMENT
Public comments received.
ADJOURNMENT
The worksession meeting adjourned at 8:35 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
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CITY OF MUSKEGON
CITY COMMISSION MEETING
March 12, 2024 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
CALL TO ORDER
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 PM, Tuesday, March 12, 2024. A
moment of silence was observed, after which the Commission and public
recited the Pledge of Allegiance to the Flag.
ROLL CALL
Present: Mayor Ken Johnson, Vice Mayor Rebecca St. Clair, Commissioners
Katrina Kochin (arrived at 5:46 p.m.), Willie German, Jr., Destinee Keener, Jay
Kilgo, and Rachel Gorman. City Manager Jonathan Seyferth, City Attorney
John Schrier, City Clerk Ann Marie Meisch, and Deputy City Clerk Kimberly
Young.
HONORS, AWARDS, AND PRESENTATIONS
A. Police Department Accreditation Recertification Public Safety
The Police Department has completed and been awarded recertification of
the Michigan Law Enforcement Accreditation Program. The Muskegon Police
Department was most recently accredited in 2021, which lasts for 3 years.
Accreditation is a progressive and time-proven way of helping law
enforcement agencies calculate and improve their overall performances. The
foundation of Accreditation lies in the voluntary adoption of standards
containing a clear statement of professional objectives. Participating agencies
conduct a thorough self-analysis to determine which of their existing operations
already meet some of the standards and/or how the procedures can be
adapted to meet the standards and professional objectives. When the
procedures are in place, a team of trained Commission assessors verifies that
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applicable standards have been successfully implemented and the agency is
in compliance. Accreditation status represents a significant professional
achievement. Accreditation acknowledges the implementation of written
directives, policies, and procedures that are conceptually sound and
operationally effective. Mayor Johnson presented the accreditation certificate
honoring the department.
B. Resolution Recognizing Barb Shullenberger City Clerk
Mayor Johnson and the Commission honored and recognized Barbara
Shullenberger for her years of service to the City of Muskegon as she retires
after thirty-three plus years. Mayor Johnson read and presented Barb with a
resolution and we all wish her the very best in health and happiness in the
future.
PUBLIC COMMENT ON AGENDA ITEMS
Public comments received.
2024-23 CONSENT AGENDA
Motion by Commissioner Gorman, second by Vice Mayor St.Clair, to approve
the consent agenda minus items B, C, G, K, L, and P.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, Keener, German, Gorman, and
Kochin
Nays: None
MOTION PASSES
A. Approval of Minutes City Clerk
To approve the minutes of the February 12, 2024 Worksession and February 13,
2024 Regular Meeting.
STAFF RECOMMENDATION: Approve the minutes.
D. Sale of 307 McLaughlin Planning
Staff is requesting approval of a purchase agreement for 307 McLaughlin for
$140,520. 307 McLaughlin was constructed through the agreement with Dave
Dusendang to construct infill housing with ARPA funding. The offer is over the
full listing price with the seller to contribute 4% of purchase price towards
buyers closing costs, pre paids and discount points.
STAFF RECOMMENDATION: Approve the purchase agreement for 307
McLaughlin.
E. Amended Lakeside Resolution Economic Development
Amendments to Resolution 2023-108(b) were made with the proper meeting
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dates and Winter property tax bill years. This resolution was corrected to
change the resolution date from September 13 to 12. The Winter property tax
bill years were changed from 2024-2026 to 2023-2025.
STAFF RECOMMENDATION: To approve the amendments to Resolution 2023-
108(b)
F. Contract for Tree Removal Services Planning
Staff is working with three developers on the sale of 10 City-owned residential
lots for new home construction. Nine of these lots have several trees located
within the potential building footprints, making them unattractive to developers
due to the costs associated with tree removal. A request for proposal for tree
services was listed on the City's website. Staff recommends awarding the
contract to Monarch Tree Services, as they appear to be a qualified company
with the lowest price. Trees must be removed from the lots by April 15. The lots
include 466/486 Erickson, 1172/1243/1311/1357 Marquette, 1328 James, 1554
Marcoux, and 509 Octavius.
AMOUNT REQUESTED: $23,562.50
FUND OR ACCOUNT: Public Improvement - 445-901-975
STAFF RECOMMENDATION: To award the tree removal contract to Monarch
Tree Service.
H. Purchase of 346 Mclaughlin Community & Neighborhood Services
To approve CNS Director- Sharonda Carson to purchase 346 McLaughlin Ave.
Muskegon MI 49442. CNS would like to purchase 346 McLaughlin ave, a single
family home, for rehabilitation utilizing HOME funding. The property falls under
housing preservation and will be owned by the city to support affordable
housing efforts and promote homeownership for low-income families. We are
estimating a rehab cost of about $50,000 before the home can be listed for
resale.
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AMOUNT REQUESTED: $80,000
FUND OR ACCOUNT: HOME 2023
STAFF RECOMMENDATION: To approve CNS Director- Sharonda Carson to
purchase and renovate 346 McLaughlin Ave. Muskeogn MI 49442
I. 811 Integration into DPW Work Order Software Public Works
Staff requests authorization to enter into a two-year contract in the amount of
$6,990.50 with OpenGov, Inc., maker of DPW's new Cartegraph asset
management and work order software, to integrate the state's 811 (MISSDIG)
system into the Cartegraph software. In November of 2023, the Commission
approved the first two departments at DPW to begin transitioning to
Cartegraph, an asset management and work order tracking software system
designed for public works. City staff and cartegraph have been working to
implement the software, and the project remains on track for a "go-live" of
Summer 2024.
During parts of the implementation process, it became clear that Cartegraph
can also manage the City's 811 MISSDIG calls. 811/MISSDIG is the system which
allows someone who plans to dig underground to request markings and flags
be placed to help them located existing utilities. The City currently uses a web-
based solution from Irth Solutions. Tracking the 811 requests in Cartegraph will
reduce the number of software programs the field staff will need to use and
learn, will allow long-term tracking of requests and associated costs in the
same system as other work tasks, and will reduce the City's costs by about
$6,000 per year.
The two-year contract with OpenGov includes integration services (joining the
City's Cartegraph and 811 accounts together) as well as the first two years of
hosting services. Ongoing costs are significantly reduced from our current Irth
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Solutions costs, and are expected in the $500 per year range. This is an
addendum to the Master Services Agreement already reviewed and
approved by the attorney.
AMOUNT REQUESTED: $6,990.50
FUND OR ACCOUNT: 590 (Sewer), 591 (Water), 202
(Highway), 203 (Local Streets)
STAFF RECOMMENDATION: Authorize staff to enter into a two-year contract in
the amount of $6,990.50 with OpenGov, Inc., maker of DPW's new Cartegraph
asset management and work order software, to integrate the state's 811
(MISSDIG) system into the Cartegraph software.
J. Parks Portable Pit Toilet Contract DPW- Parks
Staff requests approval to enter into a 3-year contract with Kerkstra Portable
Restroom Service, Inc for as-needed portable restroom services. The Parks &
Recreation Department utilizes several portable toilets annually throughout our
robust park system that has 34 parks and 12 restroom facilities. We supplement
the shortfall in restrooms with a contract that we renew every 3 years for
portable restroom services. These services are also used at various City-run
events. The City released an RFP for portable toilets on December 11th 2023
with bid opening in early February. Kerkstra Portable Restroom Service, Inc.
was the most competitively priced proposal based on anticipated usage.
Their price proposal is included for review. These costs are included in this
year's budget, and will also be budgeted properly in future fiscal years.
The two proposals, Kerkstra & United Rentals do not have the same fee format.
United Rentals has different prices for different locations as well as a different
pricing model for multiple cleanings. A few examples are listed below:
Pere Marquette - 2 Standard / 1 ADA Cleaned x2 per week
Kerkstra: $320 / $270
United Rental: $600 / $380
Sheldon Park - 1 Standard / 1 ADA Clean 1x per week
Kerkstra: $130 / $240
United Rental: $150 / $190
Kerkstra has shown to be dependable and has a track record of immediate
service for tipped / vandalized toilets, emergency cleaning calls and
relocations.
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AMOUNT REQUESTED: $40,000 (FY24-25)
FUND OR ACCOUNT: 101-770-801
STAFF RECOMMENDATION: Authorize staff to enter into a three-year contract
with Kerkstra Portable Restroom Service, Inc for as-needed portable restroom
services.
M. Pere Marquette Concession Application - Lazy Dazy Coffee DPW- Parks
The Parks Department has received an application from Lazy Dazy Coffee, LLC
to provide concession services at Pere Maruette Park. The fee for this service
would be $1,000 + 5% of gross receipts. The Parks Department has received an
application from Lazy Dazy Coffee, LLC to provide concession services in our
parks system. The requested location is Pere Marquette Park. The benefit for
the City of Muskegon would be additional revenue as the concession policy
states that vendors at this location would pay $1,000 + 5% of gross receipts. This
would be an annual contract, which is different from the brick & mortar 5-year
contract, as Lazy Dazy operates as a mobile food truck. This particular vendor
does provide a service that does not compete with current vendors at this park
(Beach Cove & The Deck) which makes it an appealing applicant to our park
experience.
Hours, specific location and frequency of operations has yet to be determined
as this application is pending approval.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with Lazy
Dazy Coffee for concession services at Pere Marquette Park.
N. Fireworks Display Permit for Boys and Girls Club City Clerk
Night Magic Displays is requesting approval of a fireworks display permit for
Saturday, May 18, 2024 at Heritage Landing. The fire marshall will inspect the
fireworks on the day of the event.
STAFF RECOMMENDATION: Approve the fireworks display permit for Night Magic
Displays, contingent upon inspection of the fireworks and approval of the
insurance.
O. Amendment to the Zoning Ordinance - Chicken Coops Planning
Staff initiated request to amend Section 2311 (accessory structures) of the
zoning ordinance to set the regulations regarding chicken coops.
The Planning Commission unanimously recommended approval of the
amendment at their February meeting.
STAFF RECOMMENDATION: I move to approve the request to amend Section
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2311 (accessory structures) of the zoning ordinance to set the regulations
regarding chicken coops as proposed.
Q. Taste of Muskegon & Lakeshore Art Festival Liquor License Application
DPW- Parks
The Parks & Recreation Department is seeking commission approval to apply
for a special liquor license for beer, wine and spirit service at Taste of Muskegon
& Lakeshore Art Festival. The fee for this temporary license is $50 per event.
Taste summary: The Parks & Recreation Department is seeking commission
approval to apply for a special liquor license for beer, wine, and spirit service
for the Taste of Muskegon being held in Hackley Park on Friday, June 7, 2024
and Saturday, June 8, 2024. The temporary license fee for this event is $100.
LAF summary: The Parks & Recreation Department is seeking commission
approval to apply for a special liquor license for beer and wine service for the
Lakeshore Art Festival Artists’ Reception being held at the Greater Muskegon
Woman’s Club on Saturday, June 29, 2024. The temporary license fee for this
event is $50.
AMOUNT REQUESTED: $150
FUND OR ACCOUNT: Taste: 394-780-801 LAF: 394-778-801
STAFF RECOMMENDATION: Authorize Parks & Recreation staff to apply for a
special liquor license for the Lakeshore Art Festival & Taste of Muskegon.
R. Request for a DDA Liquor License at 500 Adelaide Circle Planning
The City Commission approved the resolution at the February 12 meeting.
However, the Michigan State Liquor Control Commission has requested that
the name of the company be listed the same way it is on their application to
the State, which is Muskegon Brewing Company Operations, LLC (Previously
listed as Muskegon Brewing Company).
Muskegon Brewing Company Operations, LLC is requesting a Downtown
Development Authority On-Premise Liquor License for the building at 500
Adelaide Circle. The Liquor Control Commission allows for additional liquor
licenses within Downtown Development Authority Districts under certain
conditions.
STAFF RECOMMENDATION: To approve the resolution granting the Muskegon
Brewing Company Operation, LLC a Downtown Development Liquor License.
S. Sale of 716 Leonard Avenue Planning
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Staff is requesting approval of a Purchase Agreement for 716 Leonard Avenue.
716 Leonard Avenue was constructed through the agreement with Rudy Briggs
to construct infill housing with ARPA funding. The offer is for full asking price,
$225,000, with no seller concessions.
STAFF RECOMMENDATION: To approve the Purchase Agreement for 716
Leonard Ave for $225,000 and authorize the Code Coordinator, Samantha
Pulos, to sign.
T. Sale of 438, 502, and 510 E Isabella Planning
Staff is seeking authorization to sell the City-owned vacant lots at 438, 502, and
510 E Isabella to Robert Muusse. Robert Muusse would like to purchase the City-
owned buildable lots at 438, 502, and 510 E Isabella for $9,000 (75% of the True
Cash Value of $12,000) plus half of the closing costs and the fee to register the
deed. Robert Muusse will be constructing a single-family home on each of the
properties.
STAFF RECOMMENDATION: Authorize the Code Coordinator to complete the
sale of 438, 502, and 510 E Isabella, as described in the attached purchase
agreement, and to have the Mayor and Clerk sign the purchase agreement.
U. Sale of 1311 Marquette Planning
Staff is seeking authorization to sell the City-owned vacant lot at 1311
Marquette to Lawaun Cunningham. Lawaun Cunningham would like to
purchase the City-owned buildable lot at 1311 Marquette for $6,000 (75% of
the True Cash Value of $8,000) plus half of the closing costs and the fee to
register the deed. Lawaun Cunningham will be constructing a single-family
home on the property.
STAFF RECOMMENDATION: Authorize the Code Coordinator to complete the
sale of 1311 Marquette, as described in the attached purchase agreement,
and to have the Mayor and Clerk sign the purchase agreement.
V. Sale of 1328 James Planning
Staff is seeking authorization to sell the City-owned vacant lot at 1328 James to
Aleschia Loughridge. Aleschia Loughridge would like to purchase the City-
owned buildable lot at 1328 James for $6,000 (75% of the True Cash Value of
$8,000) plus half of the closing costs and the fee to register the deed. Caleb
Schuyten will be constructing a single-family home on the property.
STAFF RECOMMENDATION: Authorize staff to sell the City-owned vacant lot at
1328 James to Aleschia Loughridge.
2024-24 REMOVED FROM CONSENT
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B. Contingent Assignment Agreement - Choice One Bank/Adelaide
Pointe Manager's Office
Choice One Bank, has asked the City to approve a Contingent Assignment
Agreement between the bank and AP. The agreement provides limited rights
to the bank for the use of the boat launch at Hartshorn (the same agreement
we have with AP). This agreement would only come into play if AP were to
default on its agreement with the bank. This ensures business operations can
continue.
Choice One Bank has asked the City to approve a Contingent Assignment
Agreement between itself and AP. The agreement provides limited rights to
Choice One Bank for using the boat launch at Hartshorn (the same agreement
we have with AP) to continue in/out boat operations. This agreement would
only come into play if AP defaulted on its agreement with Choice One Bank.
This is not confirming new operations options and is only an insurance policy for
the Bank that the City needs to be a party to for full effect.
City staff has agreed to this as it is simply an insurance policy for Choice One
Bank and does not materially change any of the operations, agreements, PUD,
etc... that are in place. Because it is an agreement the City would be a party
to, it needs to be approved by the Commission.
The City's legal counsel was party to the development of the agreement.
STAFF RECOMMENDATION: Approve the Contingent Assignment Agreement
between Choice One Bank and Adelaide Point and authorize the City
Manager to sign.
Motion by Commissioner Kochin, second by Vice Mayor St.Clair, to approve
the Contingent Assignment Agreement between Choice One Bank and
Adelaide Point and authorize the City Manager to sign.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, Keener, German, and
Gorman
Nays: None
MOTION PASSES
C. Apple Avenue Utility Design Services Public Works
Staff requests approval to enter into a contract with Prein & Newhof in the
amount of $65,800 for design of utility improvements in Apple Avenue that will
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be included in MDOT's 2026 reconstruction of Apple.
MDOT is rebuilding Apple Avenue from downtown to US-31 in 2026. They have
offered that the City may include utility improvements within the project limits in
their contract, as long as the City pays for the improvements. The City will save
quite a bit of money by being included in the MDOT contract, as we only have
to pay for the specific utility work - none of the pavement costs, and a large
reduction in mobilization and other related costs. In order to take advantage
of the offer, the City needs to design the improvements to MDOT's standards
and on MDOT's timeline.
Due to their familiarity with the City's utility systems and standards, with MDOT's
design and construction requirements and staff, and with other area projects
such as a County force main project crossing Apple on a similar timeline, staff
solicited a proposal from Prein & Newhof to design the utility improvements.
Prein & Newhof has been assisting the City with capital planning efforts and
the state revolving loan fund projects, and was instrumental in helping the City
identify which portions of which utilities in Apple are in need of replacement.
Due to the timeline associated with the design, this expense will be budgeted
in the 2024-25 fiscal year. Any portions that fall in this current fiscal year will be
accommodated by existing budgeted line items. The cost of the actual
improvements will fall in fiscal years 2025-26 and 2026-27 and will be budgeted
appropriately at that time.
With Prein & Newhof's help, staff have identified the following improvements
that are planned for design and inclusion in MDOT's project:
• Replace water main from Muskegon Avenue to Jefferson Street.
• Replace water main from Getty to approximately 550 ft west of Getty.
• Replace sanitary sewer from Muskegon Avenue to Sanford Street.
• Replace sanitary sewer from Getty Avenue to approximately 550 ft west
of Getty Avenue.
• Replace sanitary sewer crossing at Spring Street.
• Replace north side sanitary sewer from Oak Grove to Creston, extend
laterals across to the south side to connect the south properties,
abandon the south side sanitary sewer.
AMOUNT REQUESTED: $65,800
FUND OR ACCOUNT: 590 (Sewer) and 591 (Water)
STAFF RECOMMENDATION: Approval for staff to enter into a contract with Prein
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& Newhof in the amount of $65,800 for design of utility improvements in Apple
Avenue.
Motion by Commissioner Kilgo, second by Commissioner German, to approve
for staff to enter into a contract with Prein & Newhof in the amount of $65,800
for design of utility improvements in Apple Avenue.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, Keener, and
German
Nays: None
MOTION PASSES
G. Neighborhood Enterprise Zone - 242 Viridian Shores Dr. Economic
Development
Staff is requesting the approval of a Neighborhood Enterprise Zone (NEZ) for 12
years for the new construction of a home at 242 Viridian Shores Dr.
An application for a Neighborhood Enterprise Zone (NEZ) certificate has been
received from Nancy Birge/William Shoemaker for the new construction of a
home at 242 Viridian Shores Dr. The cost of construction is approximately
$693,0000.00. The applicant has met local and state requirements for the
issuance of the NEZ certificate.
STAFF RECOMMENDATION: To approve the Neighborhood Enterprise Zone
certificate for 242 Viridian Shores Dr. for 12 years.
Motion by Commissioner Kochin, second by Vice Mayor St.Clair, to approve
the Neighborhood Enterprise Zone certificate for 242 Viridian Shores Dr. for 12
years.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, Kilgo, and
Keener
Nays: None
MOTION PASSES
K. Muskegon Greenway Study Partnership DPW- Parks
Staff requests approval to contribute $50,000 in matching funds to WMSRDC
(the West Michigan Shoreline Regional Development Commission) & MCBC
(Muskegon County Bicycling Coalition) for a greenway study that will focus on
recreation in the urban core of the Muskegon area.
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MCBC & WMSRDC have requested $50,000 in matching funding for a study
that would develop a Muskegon greenway concept. The goal would be to
create a healthier Muskegon through a safer, more pedestrian-friendly
community. WMSRDC & MCBC have devoted funding for this partnership. We
are one of multiple municipalities they have contacted in the hopes of
creating a regional concept. A greenway concept would be pivotal for grant
acquisitions and likely lead to further funding as this plan would have a direct
impact on improved health & well-being for our community.
The proposed scope for this plan would include reviewing the Muskegon Lake
Greenway and its tributary corridors (including the Ryerson Creek corridor as
recommended in the City Master Plan). This aspect of the plan would consider
how the existing public spaces along the Muskegon Lakeshore Trail can be
better integrated to feel like a seamless experience for the user, to determine
whether brownfield properties along the route could be enhanced or
transformed into parkland, review amenities needs for a functional Greenway,
integrate the Greenway into the community and ensure equitable access, and
review any property needs to enhance the Greenway. Several other corridors
within the City would be reviewed as well, likely including the “Ambrosia”
corridor that has right of way owned by the State of Michigan, the “Keating”
corridor which was the subject of a recent Livability Lab project, and a
connector corridor from Beach Street and Kruse Park through Dune Harbor
Park to Norton Shores.
The planning process will include extensive public engagement and will
produce high-quality renderings of proposed greenway corridors that will
illustrate what these facilities would be like for the public, staff, and policy-
makers. This would take the trail routes identified in the City Master Plan to
another level of planning and design and ensure that they function within a
great network of trails outside City limits.
This process would be complementary to parks plans underway or under
consideration such as Richards Park, McGraft Park, Kruse Park, and Hartshorn
Park. It would also build off the Muskegon Lakeshore Chamber’s plan for the
waterfront area in downtown Muskegon.
The City budgeted funds in this current fiscal year for Parks & Recreation master
planning efforts and this study fits into that criteria. The goal would be to kick-
off the study in late Spring or early Summer.
AMOUNT REQUESTED: $50,000
FUND OR ACCOUNT: 445-901-971
STAFF RECOMMENDATION: Authorize staff to provide $50,000 in matching funds
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to WMSRDC and MCBC to enter into a Greenway Study with other partner
agencies.
Motion by Commissioner German, second by Commissioner Keener, to
authorize staff to provide $50,000 in matching funds to WMSRDC and MCBC to
enter into a Greenway Study with other partner agencies.
ROLL VOTE: Ayes: Keener, German, Gorman, Kochin, St.Clair, Johnson, and
Kilgo
Nays: None
MOTION PASSES
L. Amendment to the Zoning Ordinance - Door Transparency Planning
Staff initiated request to amend Article XX, Sections 2006.12, 2006.14, 2006.15,
2006.16, and 2006.17 of the zoning ordinance to eliminate the entry door
transparency requirements for certain building types.
The Planning Commission unanimously recommended approval of the request
at their February meeting.
STAFF RECOMMENDATION: I move to amend Article XX, Sections 2006.12,
2006.14, 2006.15, 2006.16, and 2006.17 of the zoning ordinance to eliminate the
entry door transparency requirements for certain building types as presented.
Motion by Commissioner German, second by Commissioner Keener, to amend
Article XX, Sections 2006.12, 2006.14, 2006.15, 2006.16, and 2006.17 of the
zoning ordinance to eliminate the entry door transparency requirements for
certain building types as presented.
ROLL VOTE: Ayes: Kilgo, Keener, German, Gorman, Kochin, St.Clair, and
Johnson
Nays: None
MOTION PASSES
P. Request to amend the Planned Unit Development at 1148 & 1204 W
Western Ave (Adelaide Point). Planning
Request for the 4th amendment to the PUD at Adelaide Point. The Planning
Commission unanimously recommended approval of the request at their
February meeting with the following conditions:
1. More details, including a landscaping plan, shall be included for the
proposed median on Adelaide Blvd.
2. The parking configuration does not change from previously presented
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3rd amendment for the AP PUD plan.
3. An application for an elevated bike path be submitted to EGLE.
STAFF RECOMMENDATION: To approve the request to amend the Planned Unit
Development at 1148 & 1204 W Western Ave with the following conditions:
1. More details, including a landscaping plan, shall be included for the
proposed median on Adelaide Blvd and approved by staff.
2. The parking configuration does not change from previously presented 3rd
amendment for the AP PUD plan. A revised site plan showing no changes in
the parking configuration shall be approved by staff.
3. An application for an elevated bike path be submitted to EGLE.
1st MOTION WITH AMENDMENT FROM 3RD MOTION:
Motion by Commissioner German, second by Commissioner Kilgo, to approve
the request to amend the Planned Unit Development at 1148 & 1204 W Western
Ave with the following conditions:
1. More details, including a landscaping plan, shall be included for the
proposed median on Adelaide Blvd and approved by staff.
2. The parking configuration does not change from previously presented 3rd
amendment for the AP PUD plan. A revised site plan showing no changes in the
parking configuration shall be approved by staff.
3. An application for an elevated bike path be submitted to EGLE.
-ADDITIONAL CONDITIONS FROM 3RD MOTION (MOTION TO AMEND)
4. M3 to be removed from southwest corner.
5. No fuel storage farm without the proper permits from state and federal
agencies and no work to be done until proper state and federal permits are
issued.
6. M2 to be shortened by half of proposed length, reduction being inward.
7. Changes to R1 (condo building) are not approved as the change was not
called out onthe amendment and is not consistent with the mors recent
approval.
ROLL VOTE: Ayes: Johnson, Kilgo, Keener, Gorman, and St.Clair
Nays: German and Kochin
MOTION PASSES
2nd Motion
Motion by Commissioner German, second by Commissioner Kochin, to table
this item until the next regularly scheduled meeting immediately following
state review of currently pending dock permit.
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ROLL VOTE: Ayes: Keener, German, and Kochin
Nays: St.Clair, Johnson, Kilgo, and Gorman
MOTION FAILS
3rd Motion
Motion by Commissioner Kilgo, second by Vice Mayor St.Clair, to amend the
motion to approve the request to amend the Planned Unit Development (4th
Amendment) at 1148 & 1204 W. Western to include the following additonal
conditions:
1. M3 to be removed from southwest corner.
2. No fuel storage farm without the proper permits from state and federal
agencies and no work to be done until proper state and federal permits are
issued.
3. M2 to be shortened by half of proposed length, reduction being inward.
4. Changes to R1 (condo building) are not approved as the change was not
called out onthe amendment and is not consistent with the mors recent
approval.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, Keener, and Gorman
Nays: Kochin and German
MOTION PASSES
2024-25 PUBLIC HEARINGS
A. Recommendation of Annual Renewal of Liquor Licenses City Clerk
To adopt a resolution recommending the State withhold renewal of those
liquor license establishments who are in violation of Section 50-146 and 50-147
of the Code of Ordinances for the City of Muskegon. These establishments
have been found to be in non-compliance with the City Code of Ordinances
and renewal of their liquor licenses should not be recommended by the City
Commission. If any of these establishments come into compliance by March
21, 2024, they will be removed from this resolution, and recommendation for
their renewal will be forwarded to the Liquor Control Commission.
STAFF RECOMMENDATION: Adopt the resolution.
Motion by Vice Mayor St.Clair, second by Commissioner Gorman, to close the
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public hearing and adopt the resolution.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, Keener, and
German
Nays: None
MOTION PASSES
2024-26 NEW BUSINESS
A. Short Term Rental Enforcement & Handbook Updates Public Safety
Staff is requesting approval of the Short Term Rental Enforcement and
Handbook updates.
In 2023, the city started to engage with residents and Short Term Rental owners
through in-person workshops and online surveys to collect feedback and learn
more about issues regarding Short-Term Rentals in our community. With this
engagement, new enforcement actions were created and the Short-Term
Rental handbook for short-term rentals owners has been updated. In 2023, the
city started to engage with residents and Short Term Rental owners through in-
person workshops and online surveys to collect feedback and learn more
about issues regarding Short-Term Rentals in our community. With this
engagement, new enforcement actions were created and the Short-Term
Rental handbook for short-term rentals owners has been updated.
STAFF RECOMMENDATION: Move to approve the updated short term rental
enforcement and handbook.
Motion by Commissioner Gorman, second by Commissioner Keener, to
approve the updated short term rental enforcement and handbook and to
add language that parking in front of a fire hydrant is prohibited.
ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Johnson, Kilgo, and
Keener
Nays: None
MOTION PASSES
B. New Short Term Rental Registration Temporary Pause Manager's Office
A resolution to consider a targeted short-term rental registration pause on new
short-term rental registrations for 180 days.
The City has been examining STRs since the Spring of 2023. It is a complex issue
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with many strong feelings and ideas on both sides of the debate. Following
several public engagements, further research, and taking into account
potential state action on this topic, it is being recommended that the City of
Muskegon institute a temporary pause in the registration of new short-term
vacation rentals in residential zoning districts outside the DDA.
The temporary registration pause would not impact existing STRs anywhere in
the city and would only be for the registration of new STRs within residential
districts of the City. The City would still allow new STRs to be registered in the
DDA District and within the City's business districts. Additionally, staff will institute
an appeal and review process for property owners in residential districts that
have engaged in significant economic activity to improve a property for STR
purposes. Staff will use that criteria to determine if a property owner can be
issued an STR permit during the temporary registration pause. Additionally, if
the permit is denied by staff, the property owner can appeal the denial to the
City Commission.
The temporary registration pause will last 180 Days. It is necessary for the City to
analyze and potentially address short-term vacation rentals' impact on the
public health, safety, and welfare in these residential neighborhoods.
To allow the city time to analyze and address STRs' impacts within the
community, staff recommends a pause in new STR registrations. Provisions of
the temporary pause would be as follows:
- Continue for 180 days (expiring on September 8, 2024);
- If needed, the pause may be extended for 180 days;
- Pause may end before the initial period if initiated by the City Commission;
- Applies only to residential zoning districts in the City outside the DDA (the
pause does not apply to the DDA or business districts);
- Applies only to new STR applications (does not bar current STR permit holders
from renewing);
- An appeal and review process will be in place for individuals aggrieved by
the registration pause.The City has been examining STRs since the Spring of
2023. It is a complex issue with many strong feelings and ideas on both sides of
the debate. Following several public engagements, further research, and
taking into account potential state action on this topic, it is being
recommended that the City of Muskegon institute a temporary pause in the
registration of new short-term vacation rentals in residential zoning districts
outside the DDA.
The temporary registration pause would not impact existing STRs anywhere in
the city and would only be for the registration of new STRs within residential
districts of the City. The City would still allow new STRs to be registered in the
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DDA District and within the City's business districts. Additionally, staff will institute
an appeal and review process for property owners in residential districts that
have engaged in significant economic activity to improve a property for STR
purposes. Staff will use that criteria to determine if a property owner can be
issued an STR permit during the temporary registration pause. Additionally, if
the permit is denied by staff, the property owner can appeal the denial to the
City Commission.
The temporary registration pause will last 180 Days. It is necessary for the City to
analyze and potentially address short-term vacation rentals' impact on the
public health, safety, and welfare in these residential neighborhoods.
To allow the city time to analyze and address STRs' impacts within the
community, staff recommends a pause in new STR registrations. Provisions of
the temporary pause would be as follows:
- Continue for 180 days (expiring on September 8, 2024);
- If needed, the pause may be extended for 180 days;
- Pause may end before the initial period if initiated by the City Commission;
- Applies only to residential zoning districts in the City outside the DDA (the
pause does not apply to the DDA or business districts);
- Applies only to new STR applications (does not bar current STR permit holders
from renewing);
- An appeal and review process will be in place for individuals aggrieved by
the registration pause.
STAFF RECOMMENDATION: Approve the resolution temporarily suspending the
registration of new short-term vacation rentals in certain residential zoning
districts.
Motion by Commissioner Keener, second by Commissioner German, to
approve the resolution temporarily suspending the registration of new short-
term vacation rentals in certain residential zoning districts.
ROLL VOTE: Ayes: Keener, German, Kochin, St.Clair, and Johnson
Nays: Gorman and Kilgo
MOTION PASSES
ANY OTHER BUSINESS
Vice Mayor St. Clair announced that there are a good amount of vacancies
on our boards and committees and encourages citizens to apply.
PUBLIC COMMENT ON NON-AGENDA ITEMS
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Public comments received.
2024-27 CLOSED SESSION
A. Attorney/Client privileged communication Manager's Office
Going into closed session to discuss a legal matter.
Motion by Vice Mayor St.Clair, second by Commissioner German, to enter into
closed session to consider material exempt from discussion and disclosure by
state or federal statute being, an attorney client communication.
ROLL VOTE: Ayes: Johnson, Kilgo, Keener, German, Gorman, Kochin, St.Clair
Nays: None
MOTION PASSES
ADJOURNMENT
Motion by Vice Mayor St.Clair, second by Commissioner Keener, to come out
of closed session and adjourn at 11:05 p.m.
MOTION PASSES
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 26, 2024 Title: Purchase of 1698 Wood St.
Submitted by: Sharonda Carson, CNS Director Department: Community & Neighborhood
Services
Brief Summary:
To approve CNS Director- Sharonda Carson to purchase 1698 Wood St Ave. Muskegon MI
49442.
Detailed Summary & Background:
CNS would like to purchase 1698 Wood St, a single family home, for rehabilitation utilizing HOME
funding. The property falls under housing preservation and will be owned by the city to support
affordable housing efforts and promote homeownership for low-income families. The home has been
brought down to the studs, thus making our investment in rehab less than anticipated. We are
estimating a rehab cost of less than $50,000 before the home can be listed for resale.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Diverse housing types
Amount Requested: Budgeted Item:
$65,000 Yes
Fund(s) or Account(s): Budget Amendment Needed:
HOME 2022/2023 No
Recommended Motion:
To approve CNS staff to purchase 1689 Wood St for rehabilitation and resale.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
No
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3/7/24, 10:13 AM flexmls Web
Residential Active Customer Detail Report 1698 Wood Street, Muskegon, MI 49442 $65,000
List Number: 24004197 Property Sub-Type: Single Family Status: Active
Area: Muskegon County - M Residence List Price: $65,000
Municipality: Muskegon City New Construction: No List Price/SqFt: $38.15
Lot Dimensions: 43.33 x County: Muskegon Days On Market: 45
124.50 Possession: Close of Escrow Lot Acres: 0.1238
Waterfront: No Tax ID #: 24-185-105-0004-00 Lot Square Footage:
Water Access Y/N: No Road Frontage: 43.33 5,394
Directions: E Laketon Ave to Wood St, N to home.
Cross Streets: E Laketon Ave
Upper Main Lower Bsmt Total
Bedrooms 2 2 0 0 4
Full Baths 1 1 0 0 2
Half Baths 0 0 0 0 0
Fin/Level 648 1,056 0 0 1,704 (Finished All Levels)
Total Sqft 0 1,056 1,704 (Sqft Above Grade)
ROOMS/DIMENSIONS/LEVELS
Design: Traditional Year Built: 0 Kitchen Main Primary Bedroom Main Bedroom 2 Main
Stories: 2 Water: Public Living Room Main Bedroom 3 Upper
Manufactured Y/N: No Sewer: Public Bedroom 4 Upper
Driveway: Unpaved
Primary Bdrm on Main: Yes
# of Rms Above Grade: 6
Legal: Castenholz Sub div of Blks 100 101 &103 to 120 incl Lot 4 & S 10 ft lot 3 SEV: 39,100 For Tax Year: 2023
Blk 105 Tax Year: 2023 Homestead %: 0
Taxable Value: 39,100 Zoning: R2 Special Assmt/Type: none
Annual Property Tax: 2,458
School District: Muskegon
Terms Available: Cash Exterior Features: Scrn Porch Heat Type: Forced Air
Street Type: Paved Sale Conditions: None Heat Source: Natural Gas
Exterior Material: Wood Siding Outbuildings: Access Feat: Accessibility Features: No
Roofing: Composition Util Avail at Street: Electric; Natural Gas; Public Sewer; Public Water Year Certified:
Substructure: Full Utilities Attached: Natural Gas
Garage Type: 2; Detached
Laundry Features: None
Public Remarks: Investor Special! 4 bedrooms and 2 full baths, full basement and 2 car garage in need of total renovation. Walls stripped down to the studs ready
for a modern and update design. New roof on house and garage, newer furnace, 2 tub showers already installed. This home can be transformed into a modern,
comfortable, and aesthetically pleasing living space. Home to be sold as is, where is. Buyers and Buyer's agent to verify all information.
Listing Courtesy of:
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3/7/24, 10:13 AM flexmls Web
All information deemed materially reliable but not guaranteed. Interested parties are encouraged to verify all information. Copyright 2024 MichRIC®, LLC All rights reserved.
✔DMCA Notice The property on this sheet has been made available on 03/07/2024 10:13 AM and may not be listed by the office/agent presenting this information.
Page 31 of 99
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 26, 2024 Title: CSX Property Restrictive Covenant
Submitted by: Dan VanderHeide, Public Works Department: Public Works
Director
Brief Summary:
Staff requests approval of a Response Activity Plan (RAP) and Restrictive Covenant (RC) regarding
the recently purchased CSX rail corridor, and permission for the Mayor to sign the RC, subject to
approval by the state.
Detailed Summary & Background:
The bike path on the Adelaide Pointe property was built using federal funds, and therefore when
removed as a part of the Adelaide Pointe development the City entered into a "conversion" with the
Michigan Department of Natural Resources (MDNR). That conversion process will result in a different
recreation asset within the City being encumbered by those federal funds and the associated
restrictions. The City has proposed and received preliminary approval to encumber the recently
acquired CSX railroad corridor that is adjacent to the Lakeshore Trail.
An environmental assessment (EA) was completed as a part of the conversion process, and that EA
identified locations in the CSX property that have higher than normal concentrations of certain
legacy industrial chemicals. In order to receive final approval of the conversion, a Response Activity
Plan (RAP) must be approved by the Michigan Department of Environment, Great Lakes and Energy
(EGLE) and a and Restrictive Covenant (RC) must be placed on the CSX property. The documents detail
how those areas will be mitigated and managed by the City going forward. Specifically, certain
areas of the property are proposed to receive a 2-foot thick soil cap. Signature and recording will
not take place until both the RAP and RC are approved by EGLE.
The draft documents are included for review, without tables and appendices.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Improved access to the waterfront
Blight cleanup
Enhanced Parks and Recreation Department and Services
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Parks and Recreation Department and
Services
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
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Yes No N/A X
Recommended Motion:
Approval of a Response Activity Plan (RAP) and Restrictive Covenant (RC) regarding the recently
purchased CSX rail corridor, and permission for the Mayor to sign the RC, subject to approval by the
state.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review X
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RESPONSE ACTIVITY PLAN
FORMER CSX RAILROAD LINE
MUSKEGON, MICHIGAN
On behalf of:
City of Muskegon
Prepared by:
Ramboll Americas Engineering Solutions, Inc.
Ann Arbor, Michigan
Date:
March 2024
Project Number:
1940104009-001
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CONTENTS
1. INTRODUCTION 1
2. SITE DESCRIPTION 1
3. PROPERTY USE 1
3.1 Current and Intended Use of the Site 1
3.2 Historical Property Use 2
3.3 Property Geology, Hydrogeology and Topography 2
4. IDENTIFICATION OF EXPOSURE PATHWAYS 2
5. ASSESSMENT OF APPLICABLE CRITERIA 3
6. CONTAMINANT INFORMATION 3
7. PROPOSED RESPONSE ACTIVITIES 3
8. OPERATIONS, MAINTENANCE, AND MONITORING PLAN (OM&M) 4
i
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FIGURES
Figure 1: Site Location Map
Figure 2: Site Layout
Figure 3: Sample Locations
Figure 4: Barrier Locations
TABLES
Table 1: Soil Sample Analytical Results
Table 2: Groundwater Analytical results
APPENDICES
Appendix A: 2023 Phase I Environmental Site Assessment
Appendix B: Baseline Environmental Assessment
ii
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1. INTRODUCTION
Ramboll Americas Engineering Solutions, Inc. (Ramboll) prepared this Response Activity Plan (ResAP)
submitted for department review on behalf of the City of Muskegon for an approximately 2.3-mile
section of former CSX Transportation (CSX) railroad line located in Muskegon, Michigan. The City of
Muskegon is submitting this ResAP to provide information on the intended planned end use as a
recreational shared-use trail and to response activities planned to mitigate exposures to industrial fill
soils known to be present [in compliance with Section 20107a(1)(b)11]. The property was purchased
by the City of Muskegon on May 8, 2023, with redevelopment planned for portions of the property in
the next several years.
2. SITE DESCRIPTION
The Site is a former CSX railroad line located along the southern shoreline of Muskegon Lake in
Muskegon, Michigan and extends from approximately Denmark Street (at the west end of the former
railroad line) to the intersection of Shoreline Drive and 7th Street (at the east end of the former
railroad line). The Site is approximately 2.3 miles long and 30 feet wide, constituting approximately 8
acres. The location of the Site is shown in Figure 1 and the Site layout is shown on Figure 2.
The Site is currently undeveloped and given the past use as a rail line there are no on-site structures,
such as Underground Storage Tanks, Aboveground Storage Tanks, or drainage structures. The rails
and railway crossties were removed by CSX in 2023. The Site can be accessed from any point along
its length and intersects approximately six roads.
Based on the 2023 Phase I ESA (Appendix A), fill materials have historically been emplaced along the
majority of the lake shoreline including the Site. Fill materials identified at the Site consist primarily of
industrial fill (e.g., dark-colored foundry sands, slag, core sands, coal, and/or cinders). Intermittent
soil sampling has been conducted at the Site from 1996 to 2001, and soil samples were analyzed for
metals, polycyclic aromatic hydrocarbons (PAHs), polychlorinated biphenyls (PCBs), cyanide,
phenolics, and formaldehyde.
A Baseline Environmental Assessment (BEA) was conducted by Fishbeck (Appendix B) for the Site on
behalf of the City of Muskegon in April 2023 as part of the purchase process. Due to past sampling at
the Site identifying the presence of metals and PAHs at concentrations above the Residential Part 201
Generic Remediation Cleanup Criteria (GRCC), the Site is classified as a Facility. The BEA was received
by EGLE on September 27, 2023.
3. PROPERTY USE
3.1 Current and Intended Use of the Site
The Site is currently undeveloped and consists of bare soil, grass, gravel, and/or sections of
pavement. Construction activities are being conducted at several locations along the length of the
Site.
1
Part 201, Environmental Remediation, of the Natural Resources and Environmental Protection Act, 1994 PA 451,
as amended (NREPA) Section 20107a)
1
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The property is intended for use as a rail trail, designed as a shared-use path or trail for public
enjoyment. Visitors will access the property primarily for recreational purposes, such as walking,
jogging, biking, and other outdoor activities.
Activities such as foot traffic, maintenance, and other recreational endeavors may contribute to
erosion of surface soils or the dispersion of particulate or hazardous substances present in surface
soils from historical filling of the area. Mitigation strategies discussed in Section 7 will be
implemented to minimize adverse impacts on users of the trail.
There are no current land or resource use restrictions or institutional controls currently being relied
upon on the established property.
3.2 Historical Property Use
The Site was developed as an industrial railroad sometime prior to 1883 until railroad operations
reportedly ceased recently. In 1900, the Site became part of a larger railroad network that was
formed and operated by Pere Marquette (PM). PM was acquired in 1947 by Chesapeake and Ohio,
which merged into CSX in 1987. The land, right of ways, and/or easements associated with the Site
were recorded on May 8, 2023, by the Muskegon County Register of Deeds as transferred from CSX to
the City of Muskegon.
Fill material was deposited on an area along the southern shoreline of the Muskegon Lake, which
included the Site, from the 1800s through the mid-1900s.
3.3 Property Geology, Hydrogeology and Topography
Site elevation is mildly sloped along various points of the railroad line. Regionally, along the southern
shoreline of Muskegon Lake, the ground slopes downward to the north toward Muskegon Lake. There
are no on-site surface water bodies, with the exception of the southern portion of the Site crossing
Ruddiman Lagoon in one location, and Muskegon Lake is located north of the Site. Based on
topographic gradient and the location of the Muskegon Lake relative to the Site, regional topography
likely flows to the north. Based on previous investigation reports, depth to water is assumed to be
approximately 6 feet below ground surface (bgs).
Industrial fill material (e.g., dark-colored foundry sands, slag, core sands, coal, and/or cinders) is
known to be present beneath the majority of the Site. According to documents reviewed as part of the
Phase I ESA, the vertical extent of the historical fill is less than 15 feet bgs, and the fill boundary
extends inland most significantly at areas of former surface water bodies, including Ryerson Creek and
the south branch of the Muskegon.
Ramboll notes that a groundwater protection ordinance was adopted by the City of Muskegon in
December 2007 and pertains to specific areas, including areas encompassing portions of the Site. The
ordinance prohibits the use of groundwater for human consumption or irrigation, with certain
exceptions.
4. IDENTIFICATION OF EXPOSURE PATHWAYS
Based on the anticipated land uses described above, the following exposure pathways are foreseeable
in connection with historic fill in the Site:
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• Direct contact with historic fill
• Inhalation of soil particulates
Potential hazards posed by direct contact or inhalation of soil particulates associated with historic fill
can be mitigated by creating or maintaining an exposure barrier over historic fill. The exposure barrier
could consist of pavement, building floors, and/or clean fill (e.g., sand, topsoil, or gravel). Intermittent
disruption of the exposure barrier for the purposes of short-term, sub-grade construction activities is
acceptable if the barrier is re-established upon completion of construction activities.
5. ASSESSMENT OF APPLICABLE CRITERIA
Fill materials have historically been emplaced along the majority of the Site consisting of industrial fill
(e.g., dark-colored foundry sands, slag, core sands, coal, and/or cinders) and soil sampling conducted
at the Site has identified shallow soil impacts consisting of metals and PAHs. The property, which has
been classified as a facility, is intended for use as a rail trail for public use, given the uncontrolled
access to the Site, the Residential Part 201 GRCC have been used for evaluation of soil sampling
previously conducted at the Site.
Facilities with known contamination at concentrations above Part 201 GRCC are required to evaluate
due care obligations. Due care obligations, including for a residential/recreational land use scenario,
were evaluated and include exposure mitigation actions such as assuring that fill material is
sufficiently covered. Further, the Purchase and Sale Agreement between the City of Muskegon and
CSX Transportation, Inc. states that the premises were being conveyed for use for trail purposes and
will not be used for other purposes such as residential, schools, or agricultural.
6. CONTAMINANT INFORMATION
Subsurface investigations conducted from 1996 until 2001 along the lake shoreline area, including the
Site, by the City of Muskegon have revealed the presence of primarily metals and/or PAHs in soil
samples due to historic filling of the area. The site-specific findings were summarized in the 2023 BEA
(Appendix B). As summarized in the BEA, metals (arsenic and manganese) and PAHs
(benzo(a)pyrene) were identified in 8 soil samples collected from the Site at depths of between 1 and
3 feet bgs at concentrations exceeding Residential Part 201 GRCC. The Site boundaries, sample
locations, and location of applicable Residential Part 201 GRCC exceedances are shown in Figure 3.
All available sample results are summarized in Table 1.
Groundwater analytical results (Table 2) from the Site collected during previous investigations
indicated concentrations below detection limits except for zinc, at one location in the center of the
railway, which was above the laboratory detection limit, but below Part 201 GRCC.
7. PROPOSED RESPONSE ACTIVITIES
Based on the above evaluation, complete exposure pathways include direct contact with soil and
inhalation of particulate during use of the proposed mixed-use trail. To address the potential hazards
posed by soil contaminants and particulates from historical fill, in the southern and northern sections
of the Site (Figure 3), a barrier will be constructed over the existing fill material that exceeds
Residential Part 201 GRCC standards. The proposed barrier locations are shown on Figure 4.
3
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The barrier will take one of two forms depending on the most feasible and cost-effective solution for
that particular area. These will be either a) pavement, or b) placement of clean fill.
Areas to receive pavement will be compacted to stabilize the soils. A non-woven geotextile marker
layer will then be placed to provide an indication for any future work in the area that impacted soils
are present beneath. A layer of class II aggregate base will be placed on top and compacted to
approximately 3-inches thick. Once that has been completed a layer of asphalt approximately 2-inches
thick will be placed on top of the area. This will create a durable surface that eliminates direct contact
with impacted soil.
Areas to receive placement of a clean fill cover will first be overlaid with a non-woven geotextile
marker layer to provide separation from the clean fill and provide an indication for any future work in
the area that impacted soils are present beneath. Fill will then be placed and compacted to a total
thickness of 24-inches. In areas where the fill areas are adjacent to an existing bike path and will be
utilized to enhance the existing bike path rather than provide a path itself, fill will be placed and
compacted to a total thickness of 18-inches with 6-inches of topsoil placed on top to accommodate
planting of native vegetation (i.e., grasses and flowers). In either case the cap will be approximately
24-inches thick to effectively isolate underlying contaminants, mitigating risks associated with direct
exposure.
To address the grade changes which would occur between areas where impacted soil is found versus
areas which do not require capping, gradual ramps or elevation adjustments on either side of the
capped area will be constructed ensuring a smooth transition between elevated and natural ground
levels.
Once the cap has been installed, the extent of the cap should be well defined on maps and other
documents such that the owner, contractors, regulatory agencies, and other parties can readily
identify the restricted areas. A professional survey of the capped areas will be conducted to facilitate
this process.
A restrictive covenant will also be placed on the portions of the Site which have shallow soil exceeding
Residential Part 201 GRCC standards and have a cap installed. A Restrictive Covenant is a legal
document that is signed by a property owner and is recorded with the register of deeds to impose
activity or use limitations at a property that reduce or restrict exposure to environmental
contamination left in-place. It is anticipated that the restrictive covenant for the Site will prohibit use
of the property for other purposes such as residential, schools, or agricultural.
8. OPERATIONS, MAINTENANCE, AND MONITORING
PLAN (OM&M)
To ensure the integrity of the caps, ongoing inspection and maintenance will be required. The
following steps will be followed as part of this process:
• Caps will be inspected at least annually unless they are in areas expected to require more
frequent routine maintenance. In cases where caps are more likely to experience disruption
(e.g., on sloped surfaces), inspections should be more frequent.
• Inspections will take place during and after any activities that disrupt or penetrate the cap,
such as landscaping work, utility trenching, and construction.
4
Page 40 of 99
• All inspections will be recorded in writing. Photographs will be taken to document the cap
condition. Inspection records will be maintained in electronic format and will be made available
for review upon request.
• Disruptions of soil caps, including excavation, removal, penetration, erosion, loss of vegetated
topsoil, or any other damage will be repaired within 15 days of the date of discovery.
Both the discovery and repair of cap disruptions will be documented. The documentation will describe
the nature and cause of the disruption, explain the corrective actions taken, and document that
repairs were made (e.g., photographs).
5
Page 41 of 99
FIGURES
Ramboll Environment & Health
Page 42 of 99
L:\Loop Project Files\_CAD\194\1940103340_MDNR Conversion Assistance\_PHI\01_Site Location Map (Muskegon MI).dwg
N
Site
DESIGNER: ELS
DATED: 1/9/2024
PROJECT: 1940103340
0 2,000
Feet
Source: 20xx USGS 7.5 Minute Series Mapname1, State Topographic Quadrangle; Contour Interval XX Feet.
Map Scale: 1:24,000 | Map Center: 43°13'27.4953", -86°16'40.6599"
SITE LOCATION MAP FIGURE 01
MICHIGAN RAMBOLL AMERICAS
ENGINEERING SOLUTIONS, INC.
A RAMBOLL COMPANY
FORMER CSX RAILROAD LINE
CITY OF MUSKEGON
KEY MAP MUSKEGON, MICHIGAN
Page 43 of 99
C:\Mapping\Projects\194\1940103340\mxd\Figure 1_CSX Railroad Property.mxd
!á
( N
W Muskegon Ave
W Southern Ave
£31
¤
W Laketon Ave
PROJECT: 169000XXXX | DATED: 2/23/2023 | DESIGNER: STOLZSD
W Laketon Ave
r
o re D
esh
Lak
Barclay St
Service Layer Credits:
ADELAIDE POINT TRAIL (APPROX. 0.66 ACRES)
CSX RAILROAD PROPERTY FIGURE 02
HARTSHORN VILLAGE TRAIL (APPROX. 0.42 ACRES)
CSX RAILROAD PROPERTY (APPROX. 3.2 ACRES)
PARCEL BOUNDARY RAMBOLL US CORPORATION
A RAMBOLL COMPANY
0 375 750
Feet CITY OF MUSKEGON
Page 44 of 99
Y:\Mapping\Projects\194\1940103340\mxd\Figure 2_Sampling Locations.mxd
!á
( N ADELAIDE POINT
HARTSHORN VILLAGE
S-61
.
!
. S-60
!
.
! S-59
S-44 S-45
. !
. . S-46 .
!
S-58
! !!
. S-47
S-42 .
!
S-43 .
!
.
! S-49 S-56
.
!
S-57 (1.5-2.5 FT)
.
! S-50 Benzo(a)pyrene: 5,600
MUSKEGON LAKE
.
! .
! S-51 S-52 .
!
!
. S-41 .
! .
!
.
! .
! S-55
S-40 S-48
.
!
.!. S-54
KTMW-11
(1-1.5 FT)
!
Arsenic: 27,000 S-53
.
! S-39
(2-3 FT)
SB-49 Benzo(a)pyrene: 2,400
S-38
(1-3 FT)
.
!
S-37
.
! Manganese: 7,300,000
S-36
.
!
LAKE S-35
CSX PROPERTY
MICHIGAN
.
!
.
! S-34
.
! S-33
S-32
.
!
S-31
.
!
.
! S-30
MUSKEGON LAKE .
! S-29
. S-28
!
S-27
. TMW-11
!!
.
S-26
.
!
.
! S-25
.
! S-24
S-23
.
!
S-21 .
! S-22
S-20,40N
.
!
!
.
.
!
S-20
S-18 .
!
PROJECT: 169000XXXX | DATED: 3/12/2024 | DESIGNER: STOLZSD
S-19
.
!
.
!
S-16 S-17
.
!
.
! S-15
S-13,30N
.
!
!
. S-14
S-9 S-11,30N
S-12 .
!
(1.5-2.5 FT) !
.
.
! S-13
Arsenic: 16,000 .
!
S-11
.
!
S-5,30N S-8,30N .
! S-10
(2-3 FT) ! !
. . S-8
Arsenic: 9,600 S-6 .
!
S-1 .
! S-7
(1-2 FT) !
.
.
! (2-3 FT)
Arsenic: 9,100 S-2 .
! S-5
Arsenic: 8,300
.
! .
! S-4
.
! S-3
. SAMPLING LOCATION
! NOTE:
Results shown in micrograms per kilogram (µg/Kg).
SAMPLING LOCATIONS FIGURE 03
ADELAIDE POINT TRAIL (APPROX. 0.66 ACRES)
Sampling Locations are approximate, taken from Fishbeck
HARTSHORN VILLAGE TRAIL (APPROX. 0.42 ACRES) Baseline Environmental Assessment.
CSX RAILROAD PROPERTY (APPROX. 3.2 ACRES) RAMBOLL US CORPORATION
A RAMBOLL COMPANY
PARCEL BOUNDARY
0 375 750
Feet CITY OF MUSKEGON
Page 45 of 99
Y:\Mapping\Projects\194\1940103340\mxd\Figure 4_Proposed Barrier.mxd
!á
( N ADELAIDE POINT
HARTSHORN VILLAGE
S-61
.
!
.
! S-60
.
! S-59
S-44 S-45
. !
. . S-46 .
!
S-58
! !!
. S-47
S-42 .
!
S-43
.
!
.
! S-49 S-56
.
!
S-57 (1.5-2.5 FT)
.
! .
! S-50
S-51 S-52 .
! Benzo(a)pyrene: 5,600
MUSKEGON LAKE !
. S-41
.
! .
! .
!
.
! .
! S-55
S-40 S-48
.
!
.
! S-54
KTMW-11
(1-1.5 FT)
.
!
S-39 Arsenic: 27,000 S-53
.
!
(2-3 FT)
SB-49 Benzo(a)pyrene: 2,400
S-38
(1-3 FT)
.
!
S-37
.
! Manganese: 7,300,000
S-36
.
!
LAKE .
! S-35
CSX PROPERTY
MICHIGAN
.
! S-34
.
! S-33
S-32
.
!
S-31
.
!
.
! S-30
MUSKEGON LAKE .
! S-29
. S-28
!
S-27
. TMW-11
!!
.
S-26
.
!
.
! S-25
.
! S-24
S-23
.
!
.
! S-22
S-21
S-20,40N
.
!
!
.
.
!
S-20
S-18 .
!
PROJECT: 169000XXXX | DATED: 3/12/2024 | DESIGNER: STOLZSD
.
! S-19
.
!
S-16 S-17
.
!
.
! S-15
S-13,30N
.
!
!
. S-14
S-9 S-11,30N
S-12 .
!
(1.5-2.5 FT) !
.
.
! S-13
Arsenic: 16,000 .
!
S-11
S-5,30N
.
!
S-8,30N .
! S-10
(2-3 FT) ! !
. . S-8
Arsenic: 9,600 S-6 .
!
S-1 .
! S-7
(1-2 FT) !
.
.
! (2-3 FT)
Arsenic: 9,100 S-2 .
! S-5
Arsenic: 8,300
.
! .
! S-4
.
! S-3
. SAMPLING LOCATION
! NOTE:
Results shown in micrograms per kilogram (µg/Kg).
PROPOSED BARRIER LOCATIONS FIGURE 04
PROPOSED BARRIER LOCATION
Sampling Locations are approximate, taken from Fishbeck
ADELAIDE POINT TRAIL (APPROX. 0.66 ACRES) Baseline Environmental Assessment.
HARTSHORN VILLAGE TRAIL (APPROX. 0.42 ACRES) RAMBOLL US CORPORATION
A RAMBOLL COMPANY
CSX RAILROAD PROPERTY (APPROX. 3.2 ACRES)
0 375 750
Feet CITY OF MUSKEGON
Page 46 of 99
TABLES
Ramboll Environment & Health
Page 47 of 99
APPENDIX A: 2023 PHASE I ENVIRONMENTAL SITE
ASSESSMENT
Ramboll Environment & Health
Page 48 of 99
APPENDIX B: BASELINE ENVIRONMENTAL ASSESSMENT
Ramboll Environment & Health
Page 49 of 99
DECLARATION OF RESTRICTIVE COVENANT
FOR A RESTRICTED SITE-SPECIFIC REMEDIAL ACTION
EGLE Reference No:TBD
This Declaration of Restrictive Covenant (Restrictive Covenant) has been
recorded with the Muskegon County Register of Deeds for the purpose of
protecting public health, safety, and welfare, and the environment by prohibiting
or restricting activities that could result in unacceptable exposure to
environmental contamination present at the former CSX Railroad property
located in Muskegon, Michigan and legally described in Exhibit 1 attached hereto
(Property). The “Limits of Land or Resource Use Restrictions,” attached as
Exhibit 2, provides a description or drawing approved by EGLE of those portions
of the Property that are subject to land use or resource use restrictions specified
in this Restrictive Covenant.
The Property is associated with CSX Railway-Muskegon (Site ID 61000839) for which
response activitites were conducted pursuant to Part 201, Environmental Remediation,
of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended
(NREPA), MCL 324.20101 et seq. The Property described contains hazardous
substances in excess of the concentrations developed as the unrestricted residential
criteria under Section 20120a(1)(a) or (17) of the NREPA. EGLE recommends that
prospective purchasers or users of the Property undertake appropriate due diligence
prior to acquiring or using this Property and undertake appropriate actions to comply
with the due care requirements of Section 20107a of the NREPA.
The restrictions contained in this Restrictive Covenant, recorded pursuant to
Section 20121(2) of the NREPA, are based upon information available at the time the
response activities were implemented. Failure of the response activities to achieve and
maintain the criteria, exposure controls, and any requirements specified by the
response activities; future changes in the environmental condition of the Property or
changes in the cleanup criteria as defined in the NREPA; the discovery of
environmental conditions at the Property that were not accounted for during
implementation of the response activities; or use of the Property in a manner
inconsistent with the restrictions described herein, may result in this Restrictive
Covenant not being protective of public health, safety, and welfare, and the
environment.
Definitions
For the purposes of this Restrictive Covenant, the following definitions shall apply:
“EGLE” means the Michigan Department of Environment, Great Lakes, and Energy, its
successor entities, and those persons or entities acting on its behalf.
1
Page 50 of 99
"Owner" means at any given time the then current title holder of the Property or any
portion thereof.
All other terms used in this document which are defined in Part 3, Definitions, of the
NREPA; Part 201 of the NREPA; or the Part 201 Administrative Rules, Michigan
Administrative Code, 2013 AACS R 299.1 – R 299.50, shall have the same meaning in
this document as in Parts 3 and 201 of the NREPA and the Part 201 Administrative
Rules, as of the date of filing of this Restrictive Covenant.
Summary of Response Activities and Environmental Contamination
Hazardous substances including arsenic, manganese, and benzo(a)pyrene, are
present on the Property from historical filling of the area. Presence of these
substances on the Property require controls in the form of groundwater use
restrictions and soil management restrictions to prevent unacceptable exposure.
An exposure barrier consisting of either a twenty-four (24) inch soil cover or 6-
inch gravel layer overlayed by 3-inches of pavement was placed over eight (8)
impacted areas to prevent direct contact with hazardous substances located in
areas identified on Exhibit 2.
NOW THEREFORE,
1. Declaration of Land Use or Resource Use Restrictions.
City of Muskegon Michigan, as the owner of the property, hereby declares and
covenants that the Property shall be subject to the following restrictions and conditions:
a. Activity and Use Limitations.
Land Use: The Owner shall prohibit all uses of portions of the Property as
described in Exhibit 2 except for those uses that are consistent with
assumptions used to develop site-specific criteria pursuant to Section 20120a(2)
and 20120b of the NREPA as approved by EGLE.
The property is planned for use as a recreational trail, and as stated in the
Purchase and Sale Agreement agreed to by the City of Muskegon, shall not be
used for any other purpose. Specifically the property will not be used for (a) any
residential purpose of any kind or nature (residential use shall be defined broadly
to include, without limitation, any use of the Primary Premises by individuals or
families for purposes of personal living, dwelling, or overnight accommodations,
whether such uses are in single family residences, apartments, duplexes, or
other multiple residential dwellings, trailers, trailer parks, camping sites, motels,
hotels, or any other dwelling use of any kind), (b) any public or private school,
day care, or any organized long-term or short term child care of any kind, or (c)
any agricultural purpose that results in, or could potentially result in, the human
consumption of crops or livestock raised on the property (agricultural purpose
2
Page 51 of 99
shall be defined broadly to include, without limitation, activities such as food crop
production, dairy farming, livestock breeding and keeping, and cultivation of
grazing land that would ultimately produce, or lead to the production of, a product
that could be consumed by a human). Additionally, groundwater underneath the
property shall not be used for human consumption, irrigation, or other purposes.
The 24-inch soil cover or pavement has been installed overlying a
geotextile marker layer, at the locations shown in Exhibit 2, serves to
prevent exposures to contaminated soils at the Property. The Owner shall
prohibit the excavation or other intrusive activity that could affect the
integrity of the soil cap, except during short-term construction or repair
projects or for purposes of further treating or remediating the subject
contamination. Any excavation or other intrusive activity, including
removing, altering, or disturbing the barrier materials, that could affect the
integrity of the barrier, must be replaced with a cover that provides at least
an equivalent degree of protection as the original barrier within 14 days of
completion of the work. Repair and/or replacement of the barrier must be
completed unless additional sampling is conducted that demonstrates that
a barrier in the area is no longer necessary in accordance with the
applicable provisions and requirements of Part 201 of the NREPA.
b. Contaminated Soil Management. The Owner shall manage all soils, media
and/or debris located on the property in accordance with the applicable
requirements of Section 20120c of the NREPA; Part 111, Hazardous Waste
Management, of the NREPA; Toxic Substances Control Act (TSCA), 15 USC
2601 et seq.; Subtitle C of the Resource Conservation and Recovery Act, 42
U.S.C. Section 6901 et seq.; the administrative rules promulgated thereunder;
and all other relevant state and federal laws.
2. Running with the Land. This Restrictive Covenant shall run with the Property and
shall be binding on the Owner; future owners; and their successors and assigns,
lessees, easement holders, and any authorized agents, employees, or persons acting
under their direction and control. Pursuant to Section 20121(5)(b) of the NREPA, this
Restrictive Covenant shall continue in effect until it is determined that the hazardous
substances no longer present an unacceptable risk to the public health, safety, or
welfare, or the environment. Improper modification or rescission of any restriction
necessary to prevent unacceptable exposure to hazardous substances may result in the
need to perform additional response activities by those parties responsible for
performing response activity at the Property or to comply with Section 20107a of the
NREPA.
3. Enforcement of Restrictive Covenant. The State of Michigan, through EGLE, and
the City of Muskegon, may individually enforce the restrictions set forth in this
Restrictive Covenant by legal action in a court of competent jurisdiction.
3
Page 52 of 99
4. Severability. If any provision of this Restrictive Covenant is held to be invalid by any
court of competent jurisdiction, the invalidity of such provision shall not affect the validity
of any other provisions hereof, and all such other provisions shall continue unimpaired
and in full force and effect.
5. Authority to Execute Restrictive Covenant. The undersigned person executing this
Restrictive Covenant is the Owner, or has the express written permission of the Owner,
and represents and certifies that he or she is duly authorized and has been empowered
to execute and record this Restrictive Covenant.
6. Additional Provisions. The provisions provided in the section below are not required
for this restrictive covenant to be in compliance with Part 201 of the NREPA. These
provisions were agreed to by the Owner at the time the Restrictive Covenant was
recorded. Accordingly, EGLE may not enforce the Owner’s obligations outlined in these
provisions.
No additional provisions have been added.
4
Page 53 of 99
IN WITNESS WHEREOF,
The City of Muskegon, the current and legal Owner of the Property, has caused this
Restrictive Covenant to be executed on this [enter day of the month] day of [enter
month], [enter year].
City of Muskegon
By: ________________________________
Signature
Name: ________________________________
Print or Type Name
Its: ________________________________
Title
STATE OF Michigan
COUNTY OF Muskegon
The foregoing instrument was acknowledged before me this [date] by [name of
individual].
_____________________________________
Notary Public Signature
Prepared by:
Travis Hinman
Managing Consultant
Ramboll Americas Enginering Solutions, Inc.
When recorded return to:
[Enter the address to return the document to once recorded with the Register of
Deeds]
5
Page 54 of 99
EXHIBIT 1
LEGAL DESCRIPTION OF PROPERTY
Page 55 of 99
LEGAL DESCRIPTION
RESTRICTIVE COVENANT
MUSKEGON, MI
RAILROAD CENTERLINE DESCRIPTION OF CSX RAILROAD RIGHT-OF-WAY:
A VARIABLE WIDTH RAILROAD RIGHT-OF-WAY, BDNG LOCATED IN PART OF
SECTIONS 25, 34, 35 ANO 36, T10N, R17W, ANO SECTION JO, T10N, R16W, LOCATED
IN THE CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, BEING EITHER 10
FEET, 15 FEET, 18 FEET OR 34.5 FEET, MEASURED AT RIGHT ANGLES TO THE
FOLLOWING DESCRIBED CENTERLINE
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 35 (UBER 3790,
PAGE 454), THENCE NORTH 02 DEGREES 13 MINUTES 09 SECONDS EAST, ALONG
THE WEST LINE OF SAID SECTION 35, A DISTANCE OF 2664.66 FEET TO THE WEST
1/4 CORNER OF SAID SECTION 35, THENCE NORTH 02 DEGREES 1 J MINUTES 09
SECONDS EAST, A DISTANCE OF 343,92 FEET TO A MEANER CORNER; THENCE
NORTH 87 DEGREES 51 MINUTES JO SECONDS WEST, PARALLEL WITH TH[ £AST-
WEST 1/4 LIN£ OF SAID SECTION 34, A DISTANCE OF 3397.85 FEET, THENCE NORTH
05 DEGREES 53 MINUTES 27 SECONDS WEST, A DISTANCE OF 116.59 FEET TO THE
INTERSECTION OF THE NORTH LINE OF LAKESHORE DRIVE ANO THE
CENTERLINE OF THE CSX RAILROAD AND THE POINT OF BEGINNING, SAID
RIGHT-OF-WAY IS 10 FEET RIGHT AND 10 FEET LEFT, MEASURED AT RIGHT
ANGLES, TO THE FOLLOWING DESCRIBED CENTERLINE;
THENCE NORTH 86 DEGREES 54 MINUTES 57 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 74.87 FEET;
THENCE EASTERLY, ALONG SAID CSX RAILROAD CENTERLINE AND A CURVE TO
THE RIGHT (CURVE DATA BEING RADIUS= 1203.09 FEET, DELTA=06 DEGREES 05
MINUTES 55 SECONDS, LONG CHORD=28.00 FEET, LONG CHORD BEARING=NORTH
89 DEGREES 57 MINUTES 55 SECONDS EAST), A DISTANCE OF 128.06 FEET;
THENCE SOUTH 86 DEGREES 59 MINUTES 08 SECONDS EAST, ALONG SA!O CSX
RAILROAD CENTERLINE, A DISTANCE OF 243.73 FEET;
THENCE SOUTH 87 DEGREES 06 MINUTES 01 SECOND EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 1667.20 FEET TO THE EAST LINE OF
BLOCK 603 ANO A POINT OF TRANS!TION (POINT A). SAID POINT OF TRANSITION
IS A TERMINUS OF A 20 FOOT WIDE RIGHT-OF-WAY TO THE BEGINNING OF A JO
FOOT WIDE RIGHT-OF-WAY, BEING 12 FEET RIGHT ANO 18 FEET LEFT OF SAID
RAILROAD CENTERLINE;
Confidential
Page 56 of 99
THENCE CONTINUE, SOUTH 87 DEGREES 06 MINUTES O 1 SECOND EAST, ALONG
SAID CSX RAILROAD CENTERLINE, A DISTANCE OF 17.28 FEET TO A CURVE TO
THE RIGHT;
THENCE EASTERLY, ALONG SAID CURVE TO THE RIGHT (CURVE DATA BEING
RADIUS=/200.30 FEET, DELTA=12 DEGREES OJ MINUTES 34 SECONDS, LONG
CHOR0=252.17 FEET, LONG CHORD BEARING=SOUTH 81 DEGREES 04 MINUTES 14
SECONDS EAST), A DISTANCE OF 252.63 FEET;
THENCE SOUTH 75 DEGREES 02 MINUTES 27 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 121.57 FEET TO A CURVE TO THE LEFT;
THENCE EASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA BEING
RADIUS=1129.21 FEET, DELTA=12 DEGREES 30 MINUTES 40 SECONDS, LONG
CHOR0=246.08 FEET, LONG CHORD BEARING=SOUTH 81 DEGREES 25 MINUTES 27
SECONDS [AST), A DISTANCE or 246.57 FEET;
THENCE SOUTH 87 DEGREES 40 MINUTES 46 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 109.65 FEET TO THE EAST LINE OF
BLOCK 693, AS EXTENDED NORTH AND A POINT OF TRANSITION (POINT A. I).
SAID POINT OF TRANSITION IS A TERMINUS OF A 30.00 FOOT WIDE RIGHT-OF-
WAY TO THE BEGINNING OF A 20.50 FOOT WIDE RIGHT-OF-WAY, BEING 12 FEET
RIGHT AND 8.5 FEET LEFT or SAID RAILROAD CENTERLINE;
THENCE CONTINUE, SOUTH 87 DEGREES 40 MINUTES 46 SECONDS EAST, ALONG
SAID CSX RAILROAD CENTERLINE, A DISTANCE OF 285.00 FEET TO A POINT OF
TRANSITION (POINT A.2) SAID POINT OF TRANSITION IS A TERMINUS OF A 20.50
FOOT WIDE RIGHT-OF-WAY TO THE BEGINNING OF A JO FOOT WIDE RIGHT-OF-
WAY, BEING 12 FEET RIGHT AND 18 FEET LEFT OF SAID RAILROAD CENTERLINE;
THENCE CONTINUE, SOUTH 87 DEGREES 40 MINUTES 46 SECONDS EAST, ALONG
SAID CSX RAILROAD CENTERLINE, A DISTANCE OF 250.34 FEET TO A CURVE TO
THE LEFT;
THENCE EASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA BEING
RADIUS=927.02 FEET, DELTA=24 DEGREES 23 MINUTES 45 SECONDS, LONG
CHOR0=391.74 FEET, LONG CHORD BEARING=NORTH 80 DEGREES 07 MINUTES 21
SECONDS EAST), A DISTANCE OF 394.71 FEET;
THENCE NORTH 67 DEGREES 55 MINUTES 29 SECONDS [AST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE or 78.46 FEET TO A CURVE TO THE RIGHT;
THENCE EASTERLY, ALONG SAID CURVE TO THE RIGHT (CURVE DATA BEING
RADIUS=485.92 FEET, DELTA=17 DEGREES JO MINUTES 57 SECONDS, LONG
CHORD=147.97 FEET, LONG CHORD BEARING=NORTH 76 DEGRE£$ 40 MINUTES 57
SECONDS EAST), A DISTANCE OF 148.55 FEET TO A POINT OF TRANSITION (POINT
Confidential
Page 57 of 99
B). SAID POINT OF TRANSITION IS A TERMINUS OF A 30 FOOT WIDE RIGHT-OF-
WAY, BEING 12 FEET RIGHT ANO 18 FEET LEFT OF SAID RAILROAD CENTERLINE
TO THE BEGINNING OF A JO FOOT WIDE RIGHT-OF-WAY, BEING 15 FEET RIGHT
ANO 15 FEET LEFT OF SAID RAILROAD CENTERLINE;
THENCE CONTINUING EASTERLY ALONG SAID CURVE TO THE RIGHT (CURVE
DATA BEING RADIUS 485.92 FEET, OELTA=D6 DEGREES 02 MINUTES 56 SECONDS,
LONG CHORD=51.28 FEET, LONG CHORD BEARING=NORTH 88 DEGREES 27
MINUTES 54 SECONDS EAST), A DISTANCE OF 51 .JO FEET;
THENCE SOUTH 88 DEGREES JO MINUTES 38 SECONDS EAST, ALONG SA!O CSX
RAILROAD CENTERLINE, A DISTANCE OF 163.12 FEET TO A CURVE TO THE LEFT;
THENCE EASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA BEING
RADIUS=509.98 FEET, D£LTA=20 DEGREES 44 MINUTES 23 SECONDS, LONG
CHORD=/83.59 FEET, LONG CHORD BEARING=NORTH 81 DEGREES 07 MINUTES 11
SECONDS EAST), A DISTANCE OF 184.60 FEET;
THENCE NORTH 70 DEGREES 44 MINUTES 59 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 109. 70 FEET TO A CURVE TO THE RIGHT;
THENCE EASTERLY, ALONG SAID CURVE TO THE RIGHT (CURVE DATA BEING
RADIUS=397.54 FEET, DELTA=15 DEGREES 15 MINUTES 10 S£CONDS, LONG
CHORD= 105.52 FEET, LONG CHORD BEARING=NORTH 78 DEGREES 22 MINUTES 34
SECONDS EAST), A DISTANCE OF 105.83 FEET;
THENCE NORTH 86 DEGREES 00 MINUTES 09 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 228.64 FEET;
THENCE NORTH 85 DEGREES 20 MINUTES 46 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 119.29 FEET TO A CURVE TO THE LEFT;
THENCE EASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA BEING
RADIUS=375.30 FEET, DELTA=09 DEGREES 09 MINUTES 57 SECONDS, LONG
CHOR0=59.97 FEET, LONG CHORD BEARING=NORTH 80 DEGREES 45 MINUTES 47
SECONDS EAST, A DISTANCE OF 60.04 FEET;
THENCE NORTH 76 DEGREES 10 MINUTES 48 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 63.94 FEET;
THENCE NORTH 74 DEGREES 41 MINUTES 47 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 132.74 FEET;
THENCE NORTH 74 DEGREES 19 MINUTES 51 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 526.91 FEET TO A CURVE TO THE LEFT;
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THENCE EASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA BEING
RADIUS=22J1.87 FEET, DELTA=05 DEGREES 43 MINUTES 56 SECONDS, LONG
CHORD=223.20 FEET, LONG CHORD BEARING=NORTH 71 DEGREES 37 MINUTES 55
SECONDS EAST), A DISTANCE OF 223.29 FEET;
THENCE NORTH 68 DEGREES 55 MINUTES 58 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 300.91 FEET;
THENCE NORTH 68 DEGREES 09 MINUTES 04 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 347.02 FEET;
THENCE NORTH 67 DEGREES 33 MINUTES 56 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 998.48 FEET TO A CURVE TO THE LEFT;
THENCE NORTHEASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA
BEING RADIUS=2860.54 FEET, DELTA= 12 DEGREES 55 MINUTES 56 SECONDS,
LONG CHORD=644.28 FEET, LONG CHORD BEARING=NORTH 61 DEGREES 05
MINUTES 59 SECONDS EAST), A DISTANCE or 645.65 FEET;
THENCE NORTH 54 DEGREES 38 MINUTES 36 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 1272.01 FEET;
THENCE NORTH 54 DEGREES 36 MINUTES 52 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 111. 14 FEET;
THENCE NORTH 53 DEGREES 57 MINUTES 53 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 48.0J FEET TO A CURVE TO THE LEFT;
THENCE NORTHEASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA
BEING RAOIUS=2741.37 FEET, DELTA= 15 DEGREES 07 MINUTES 32 SECONDS,
LONG CHORD=721.60 FEET, LONG CHORD BEARING=NORTH 46 DEGREES 24
MINUTES 07 SECONDS EAST). A DISTANCE OF 723. 70 FEET, TO A POINT OF
TRANSITION (POINT C). SAID POINT OF TRANSITION IS A TERMINUS OF A JO FOOT
WIDE RIGHT-OF-WAY TO THE BEGINNING OF A 20 FOOT WIDE RIGHT-OF-WAY,
BEING 10 FEET RIGHT AND 10 FEET LEFT OF SAID RAILROAD CENTERLINE;
THENCE CONTINUING, ALONG SAID CURVE TO THE LEFT (CURVE DATA BEING
RAOIUS=2741.J7 FEET, DELTA=OO DEGREES 06 MINUTES 34 SECONDS, LONG
CHOR0=5.24 FEET, LONG CHORD BEARING=NORTH 38 DEGREES 47 MINUTES 04
SECONDS EAST), A DISTANCE OF
5.24 FEET;
THENCE NORTH 38 DEGREES 43 MINUTES 47 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 12.14 FEET;
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THENCE NORTH 37 DEGREES 19 MINUTES 53 S£CONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE or 52.39 FEET;
THENCE NORTH 36 DEGREES 09 MINUTES 29 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 230.32 FEET;
THENCE NORTH 35 DEGREES 32 MINUTES 55 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 232. 11 FEET TO A CURVE TO THE LEFT;
THENCE NORTHEASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA
BEING RAOIUS=.3227.11 FEET, DELTA=02 DEGREES 48 MINUTES 1 1 SECONDS,
LONG CHORD= 157.86 FEET, LONG CHORD BEARING=NORTH 34 DEGREES 23
MINUTES 35 SECONDS EAST), A DISTANCE OF 157.88 FEET TO A POINT OF
TRANSITION (POINT D). SAID POINT or TRANSITION IS A TERMINUS OF A 20 FOOT
WIDE RIGHT-OF-WAY TO THE BEGINNING OF A JO FOOT WIDE RIGHT-OF-WAY,
BEING 15 FEET RIGHT AND 15 FEET LEFT OF SAID RAILROAD CENTERLINE;
THENCE CONTINUING, ALONG SAID CURVE TO THE LEFT (CURVE DATA BEING
RADIUS=.3227.11 FEET, DELTA=02 DEGREES 53 MINUTES 13 SECONDS, LONG
CHORD=162.59 FEET, LONG CHORD BEARING=NORTH 31 DEGREES 32 MINUTES 53
SECONDS EAST), A DISTANCE OF 162.61 FEET;
THENCE NORTH JO DEGREES 06 MINUTES 17 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 397.11 FEET TO A CURVE TO THE RIGHT;
THENCE NORTHEASTERLY, ALONG SAID CURVE TO TH£ RIGHT (CURVE DATA
BEING RADIUS=.3496.37 FEET, DELTA=OJ DEGREES 12 MINUTES 08 SECONDS,
LONG CHORD=195.J8 FEET, LONG CHORD BEARING=NORTH 31 DEGREES 42
MINUTES 20 SECONDS EAST), A DISTANCE OF 195.41 FEET TO A POINT OF
TRANSITION (POINT E). SAID POINT OF TRANSITION IS A TERMINUS OF A 30 FOOT
WIDE RIGHT-OF-WAY TO THE BEGINNING OF A 20 FOOT WIDE RIGHT-OF-WAY,
BEING 10 FEET RIGHT AND 10 FEET LEFT OF SAID RAILROAD CENTERLINE;
THENCE CONTINUING ALONG SAID CURVE TO THE RIGHT (CURVE DATA BEING
RAOIUS=3496.J7 FEET, DELTA=04 DEGREES 19 MINUTES 47 SECONDS, LONG
CHORD=264.14 FEET, LONG CHORD BEARING=NORTH 35 DEGREES 28 MINUTES 18
SECONDS EAST), A DISTANCE OF 264.21 FEET;
THENCE NORTH 37 DEGREES 38 MINUTES 11 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 191.26 FEET;
THENCE NORTH 38 DEGREES 36 MINUTES 57 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 142.15 FEET TO A POINT OF TRANSITION
(POINT F). SAID POINT OF TRANSITION IS A TERMINUS OF A 20 FOOT WIDE RIGHT-
OF-WAY TO THE BEGINNING OF A 30 FOOT WIDE RIGHT-OF-WAY, BEING 15 FEET
RIGHT AND 15 FEET LEFT OF SAID RAILROAD CENTERLINE;
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THENCE CONTINUING, NORTH 38 DEGREES 36 MINUTES 57 SECONDS EAST,
ALONG SAID CSX RAILROAD CENTERLINE, A DISTANC[ OF
886.61 FEET;
THENCE NORTH 40 DEGREES 55 MINUTES 55 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 134.07 FEET TO A CURVE TO THE LEFT;
THENCE NORTHEASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA
BEING RADIUS= 1012.68 FEET, DELTA=07 DEGREES 20 MINUTES 24 SECONDS,
LONG CHORD=/29.64 FEET, LONG CHORD BEARING=NORTH 37 DEGREES 15
MINUTES 43 SECONDS EAST), A DISTANCE OF 129.73 FEET;
THENCE NORTH 33 DEGREES 35 MINUTES J 1 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 28.84 FEET TO A CURVE TO THE RIGHT;
THENCE EASTERLY, ALONG SAID CURVE TO THE RIGHT (CURVE DATA BEING
RADIUS=470.68 FEET, DELTA=86 DEGREES 31 MINUTES 27 SECONDS, LONG
CHORD=645. 15 FEET, LONG CHORD BEARING=NORTH 76 DEGREES 51 MINUTES 15
SECONDS EAST), A DISTANCE OF
710.79 FEET;
THENCE SOUTH 59 DEGREES 53 MINUTES 01 SECOND EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 86.66 FEET TO A CURVE TO THE LEFT;
THENCE SOUTHEASTERLY, ALONG A CURVE TO THE LEFT (CURVE DATA BEING
RADIUS=531.69 FEET, DELTA=12 DEGREES 42 MINUTES 34 SECONDS, LONG
CHORD= 117. 70 FEET, LONG CHORD BEARING=SOUTH 66 DEGREES 14 MINUTES 18
SECONDS EAST), A DISTANCE OF 11 7.94 FEET;
THENCE SOUTH 72 DEGREES 35 MINUTES 35 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 238.27 FEET;
THENCE SOUTH 74 DEGREES 16 MINUTES 49 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 203.24 FEET;
THENCE SOUTH 72 DEGREES 50 MINUTES 43 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 338.44 FEET TO A CURVE TO THE LEFT;
THENCE EASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA BEING
RADIUS=1912.88 FEET, DELTA=07 DEGREES 41 MINUTES 12 SECONDS, LONG
CHORD=256.44 FEET, LONG CHORD BEARING=SOUTH 76 DEGREES 41 MINUTES 19
SECONDS EAST), A DISTANCE OF 256.63 FEET;
THENCE SOUTH 80 DEGREES 31 MINUTES 55 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 209.02 FEET TO A CURVE TO THE LEFT;
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THENCE EASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA BEING
RADIUS=536.04 FEET, DELTA=24 DEGREES 51 MINUTES 38 SECONDS, LONG
CHORD=2J0.77 FEET, LONG CHORD BEARING=NORTH 87 DEGREES 02 MINUTES 16
SECONDS EAST), A DISTANCE OF
232.59 FEET;
THENCE NORTH 74 DEGREES 36 MINUTES 27 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 5.29 FEET TO A CURVE TO THE LEFT;
THENCE NORTHEASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA
BEING RADIUS=735.08 FEET. DELTA=20 DEGREES 21 MINUTES 35 SECONDS, LONG
CHORD=259.83 FEET, LONG CHORD BEARING=NORTH 64 DEGREES 25 MINUTES 40
SECONDS EAST), A DISTANCE OF 261.20 FEET;
THENCE NORTH 54 DEGREES 14 MINUTES 52 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 14,59 FEET TO THE POINT or ENDING.
THE RIGHT-OF-WAY TERMINATES AT A LINE RUNNING NORTH 5 DEGREES 51
MINUTES 11 SECONDS WEST ANO SOUTH 5 DEGREES 51 MINUTES 11 SECONDS
EAST THROUGH THE POINT OF ENDING
ALSO TOGETHER WITH - (A) A VARIABLE WIDTH RAILROAD RIGHT-OF-WAY, AS
PER THE CSX RAILROAD AGREEMENT #19343 AND #19J43A, THE LANO LYING
SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE AND NORTHWESTERLY
OF THE DESCRIBED 30 FOOT WIDE RAILROAD RIGHT-OF-WAY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 25 (UBER 4173, PAGE
8036), THENCE NORTH 87 DEGREES 28 MINUTES 21 SECONDS WEST, ALONG THE
SOUTH LINE OF SAID SECTION 25, A DISTANCE OF 2659.39 FEET TO THE
SOUTHWEST CORNER OF SAID SECTION 25, THENCE NORTH OJ DEGREES 39
MINUTES 52 SECONDS WEST, A DISTANCE OF 6.54 FEET TO THE POINT OF
BEGINNING;
THENCE NORTH 45 DEGREES 48 MINUTES 05 SECONDS EAST, A DISTANCE OF
126.86 FEET;
THENCE NORTH 54 DEGREES 38 MINUTES 36 SECONDS EAST, A DISTANCE OF 94.94
FEET;
THENCE NORTH 54 DEGREES 36 MINUTES 52 SECONDS EAST, A DISTANCE OF
110.95 FEET;
THENCE NORTH 53 DEGREES 57 MINUTES 53 SECONDS EAST, A DISTANCE OF 47.84
FEET TO A CURVE TO THE LEFT;
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THENCE NORTHEASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA
BDNG RADIUS=2706.87 FEET, DELTA= 13 DEGREES 03 MINUTES 17 SECONDS, LONG
CHOR0=615.43 FEET, LONG CHORD BEARING=NORTH 47 DEGREES 26 MINUTES 15
SECONDS EAST), A DISTANCE OF 616.76 FEET;
THENCE NORTH 47 DEGREES 20 MINUTES JO SECONDS EAST, ALONG A LINE NON
TANGENT TO SAID CURVE, A DISTANCE OF 111.29 FEET;
THENCE SOUTH 40 DEGREES 42 MINUTES 11 SECONDS EAST, A DISTANCE OF 4.88
FEET TO TH£ POINT OF ENDING.
ALSO TOGETHER WITH – (B) A PARCEL OF LAND BEING PART OF SECTION 25,
TOWN 10 NORTH, RANGE 17 WEST, CITY OF MUSKEGON, MUSKEGON COUNTY,
MICHIGAN, ALSO BEING A PART OF THE C & 0 RAILROAD COMPANY SIDE TRACK
RIGHT OF WAY ADJOINING BLOCKS 470, 579 AND 581 OF THE REVISED PLAT OF
1903 OF THE CITY OF MUSKEGON, ANO ALSO BEING A PART OF SAID BLOCK 579,
DESCRIBED AS FOLLOWS: COMMENCING AT THE WESTERLY MOST CORNER OF
SAID BLOCK 581, THENCE NORTHEASTERLY PARALLEL TO AND 15.00 FEET,
MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF THE MAIN TRACK OF
SAID C & 0 RAILROAD COMPANY 120.00 FEET FOR POINT OF BEGINNING, THENCE
CONTINUE NORTHEASTERLY PARALLEL TO SAID MAIN TRACK 737.85 FEET,
THENCE SOUTHEASTERLY ALONG SOUTHWESTERLY LINE OF SAID BLOCK 579
EXTENDED A DISTANCE OF 110.70 FEET, THENCE EASTERLY ALONG THE
SOUTHERLY LINE OF SAID BLOCK 579 ALONG THE ARC OF A 647.27 FOOT RADIUS
CURVE TO THE RIGHT A DISTANCE OF 163.04 FEET TO THE NORTH AND SOUTH ¼
LINE OF SAID SECTION 25. THENCE SOUTHERLY ALONG SAID NORTH ANO SOUTH
¼ LINE 20.06 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SAID C & 0
RAILROAD COMPANY SIDE TRACK, THENCE SOUTHWESTERLY ALONG SAID
RIGHT OF WAY 907 FEET, MORE OR LESS, TO POINT OF BEGINNING. CONTAINING
0.5 ACRES, MORE OR LESS.
SUBJECT TO EASEMENT ANO RESTRICTION OF RECORD.
ALSO TOGETHER WITH -- (C) A PARCEL OF LAND BEING PART OF THE
NORTHWEST 1/4 OF SECTION 36, T10N, R17W, MUSKEGON COUNTY MICHIGAN,
BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 36,
THENCE SOUTH 87 DEGREES 28 MINUTES 21 SECONDS EAST, ALONG THE NORTH
LINE OF SAID SECTION 36, A DISTANCE OF 129.36 FEET;
THENCE SOUTH 54 DEGREES 38 MINUTES 36 SECONDS WEST, A DISTANCE or 164.05
FEET TO A POINT ON TH[ W[ST LIN[ or SAID SECTION 36;
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THENCE NORTH 02 DEGREES 35 MINUTES 48 SECONDS EAST, ALONG SAID WEST
LINE OF SECTION 36, A DISTANCE OF 100.74 FEET TO SAID NORTHWEST CORNER
OF SECTION 36 AND THE POINT OF BEGINNING.
ALSO TOGETHER WITH -- (D) THE WEST 20 FEET OF LOT 1, BLOCK 609 OF THE
CITY OF MUSKEGON AS PER UBER 52, PAGE 1, MUSKEGON COUNTY RECORDS,
MUSKEGON COUNTY, MICHIGAN.
ALSO TOGETHER WITH -- (E) (LIBER 883, PAGE 529) ALL THAT CERTAIN PIECE OR
PARCEL OF LAND SITUATE AND BEING IN THE CITY OF MUSKEGON, COUNTY OF
MUSKEGON, AND STATE or MICHIGAN, DESCRIBED AS FOLLOWS:
PART OF SAID BLOCK 470 REVISED PLAT (OF 1903) OF THE CITY OF MUSKEGON,
MUSKEGON COUNTY, MICHIGAN, DESCRIBED AS BEING A 17 FOOT STRIP OF
LANO, 8.5 FEET AS MEASURED AT RIGHT ANGLES ON EITHER SIDE OF THE
FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT A POINT ON THE WEST
LINE OF BLOCK 470 DISTANT DUE SOUTH 138.65 FEET FROM THE NORTHWEST
CORNER OF BLOCK 470 AND PROCEEDING THENCE ON A CURVE TO THE RIGHT
52.06 FEET (RADIUS 1,063.29 FEET, CENTRAL ANGLE 2 DEGREES, 48 MINUTES, 20
SECONDS, CHORD BEARS SOUTH 87 DEGREES 48 MINUTES, JO SECONDS EAST
52.06 FEET); THENCE SOUTH 86 DEGREES 24 MINUTES 20 SECONDS EAST 60.20
FEET; THENCE ON A CURVE TO THE RIGHT 43.12 FEET (RADIUS 787.09 FEET,
CENTRAL ANGLE 3 DEGREES 08 MINUTES 20 SECONDS, CHORD BEARS SOUTH 84
DEGREES 50 MINUTES 10 SECONDS EAST 43. 11 FEET) TO THE POINT OF ENDING;
THE LAND HEREBY QUIT CLAIMED CONTAINING AND AREA OF 15,215 SQUARE
FEET, MORE OR LESS.
ALSO TOGETHER WITH -- {F) AN INGRESS AND EGRESS EASEMENT INTEREST IN
AND TO A STRIP OF LAND TWO (2) RODS IN WIDTH, OVER AND ACROSS THAT
PART OF SAID LOT ONE(1), OF SECTION THIRTY-FIVE (35) , BOUNDED NORTHERLY
BY THE CENTERLINE DESCRIPTION DESCRIBED ABOVE, EASTERLY BY THE
WESTERLY BOUNDARY LINE OF LOT THIRTEEN (13) OF BLOCK SIX HUNDRED
NINE (609) OF THE REVISED PLAT (OF 1903) OF THE CITY OF MUSKEGON,
EXTENDED NORTHERLY, SOUTHERLY BY LAKE STREET AND WESTERLY BY THE
WESTERLY BOUNDARY LINE OF SAID LOT ONE (1) or SECTION THIRTY-FIVE (35).
EXCEPT (PURE MUSKEGON, LLC EXCEPTION) A PORTION OF THE CSX RAILROAD
RIGHT-OF-WAY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 35 (UBER 3790,
PAGE 454), THENCE NORTH 02 DEGREES 13 MINUTES 09 SECONDS EAST, ALONG
THE WEST LINE OF SAID SECTION JS, A DISTANCE OF 2664.66 FEET TO THE WEST
1/4 CORNER OF SAID SECTION 35, THENCE NORTH 02 DEGREES 13 MINUTES 09
SECONDS EAST, A DISTANCE OF 343.92 FEET TO A MEANER CORNER; THENCE
NORTH 87 DEGREES 51 MINUTES JO SECONDS WEST, PARALLEL WITH THE EAST-
WEST 1/4 LINE OF SAID SECTION 34, A DISTANCE OF 3397.85 FEET, NORTH 05
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DEGREES 53 MINUTES 27 SECONDS WEST, A DISTANCE OF 116.59 FEET TO THE
INTERSECTION OF THE NORTH LINE OF LAKESHORE DRIVE ANO THE
CENTERLINE OF THE CSX RAILROAD,
THENCE NORTH 86 DEGREES 54 MINUTES 57 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 74.87 FEET;
THENCE EASTERLY, ALONG SAID CSX RAILROAD CENTERLINE ANO A CURVE TO
THE RIGHT (CURVE DATA BEING RADIUS= 1203.09 FEET, DELTA=06 DEGREES 05
MINUTES 55 SECONDS, LONG CHORD=28.00 FEET, LONG CHORD BEARING=NORTH
89 DEGREES 57 MINUTES 55 SECONDS EAST), A DISTANCE OF 128.06 FEET;
THENCE SOUTH 86 DEGREES 59 MINUTES 08 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 243.73 FEET;
THENCE SOUTH 87 DEGREES 06 MINUTES 01 SECOND EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 574.83 FEET TO THE POINT OF
BEGINNING OF SAID EXCEPTION;
THENCE CONTINUING, SOUTH 87 DEGREES 06 MINUTES 01 SECOND EAST, ALONG
SAID CSX RAILROAD CENTERLINE, A DISTANCE OF 1092.37 FEET TO THE EAST
LINE OF BLOCK 603 AND A POINT OF TRANSITION (POINT A). SAID POINT OF
TRANSITION IS A TERMINUS OF A 20 FOOT WIDE RIGHT-OF-WAY TO THE
BEGINNING OF A JO FOOT WIDE RIGHT-OF-WAY, BEING 12 FEET RIGHT AND 18
FEET LEFT OF SAID RAILROAD CENTERLINE;
THENCE CONTINUE, SOUTH 87 DEGREES 06 MINUTES 01 SECOND EAST, ALONG
SAID CSX RAILROAD CENTERLINE, A DISTANCE or 17.28 FEET TO A CURVE TO THE
RIGHT;
THENCE EASTERLY, ALONG SAID CURVE TO THE RIGHT (CURVE DATA BEING
RADIUS= 1200.30 FEET, DELTA= 12 DEGREES 03 MINUTES 34 SECONDS, LONG
CHORD=252.17 FEET, LONG CHORD BEARING=SOUTH 81 DEGREES 04 MINUTES 14
SECONDS EAST), A DISTANCE OF
252.63 FEET;
THENCE SOUTH 75 DEGREES 02 MINUTES 27 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 121.57 FEET TO A CURVE TO THE LEFT;
THENCE EASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA BEING
RADIUS= 1129.21 FEET, DELTA= 12 DEGREES 30 MINUTES 40 SECONDS, LONG
CHORD=246.08 FEET, LONG CHORD BEARING=SOUTH 81 DEGREES 25 MINUTES 27
SECONDS EAST), A DISTANCE OF 246.57 FEET;
THENCE SOUTH 87 DEGREES 40 MINUTES 46 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 109.65 FEET TO THE EAST LINE OF
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BLOCK 693, AS EXTENDED NORTH ANO A POINT OF TRANSITION (POINT A. 1).
SAID POINT OF TRANSITION IS A TERMINUS OF A 30.00 FOOT WIDE RIGHT-OF-
WAY TO THE BEGINNING OF A 20.50 FOOT WIDE RIGHT-OF-WAY, BEING 12 FEET
RIGHT ANO 8.5 FEET LEFT OF SAID RAILROAD CENTERLINE;
THENCE CONTINUE, SOUTH 87 DEGREES 40 MINUTES 46 SECONDS EAST, ALONG
SA!D CSX RAILROAD CENTERLINE, A DISTANCE OF 285.00 FEET TO A POINT OF
TRANSITION (POINT A.2) SAID POINT OF TRANSITION IS A TERMINUS OF A 20.50
FOOT WIDE RIGHT-OF-WAY TO THE BEGINNING OF A 30 FOOT WIDE RIGHT-OF-
WAY, BEING 12 FEET RIGHT AND 18 FEET LEFT OF SAID RAILROAD CENTERLINE;
THENCE CONTINUE, SOUTH 87 DEGREES 40 MINUTES 46 SECONDS EAST, ALONG
SAID CSX RAILROAD CENTERLINE, A DISTANCE OF 250.34 FEET TO A CURVE TO
THE LEFT;
THENCE EASTERLY, ALONG SAID CURVE" TO THE LEFT (CURVE DATA BEING
RADIUS=927.02 FEET, DELTA=24 DEGREES 23 MINUTES 45 SECONDS, LONG
CHORD=391.74 FEET, LONG CHORD BEARING=NORTH 80 DEGREES 07 MINUTES 21
SECONDS EAST), A DISTANCE OF 394.71 FEET;
THENCE NORTH 67 DEGREES 55 MINUTES 29 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 78.46 FEET TO A CURVE TO THE RIGHT;
THENCE EASTERLY, ALONG SAID CURVE TO THE RIGHT (CURVE DATA BEING
RADIUS=485.92 FEET, DELTA=/7 DEGREES JO MINUTES 57 SECONDS, LONG
CHORD=/47.97 FEET. LONG CHORD BEARING=NORTH 76 DEGREES 40 MINUTES 57
SECONDS EAST). A DISTANCE OF 148.55 FEET TO A POINT OF TRANSITION (POINT
8). SAID POINT OF TRANSITION IS A TERMINUS OF A JO FOOT WIDE RIGHT-OF-
WAY, BEING 12 FEET RIGHT AND 18 FEET LEFT OF SAID RAILROAD CENTERLINE
TO THE BEGINNING OF A JO FOOT WIDE RIGHT-OF-WAY, BEING 15 FEET RIGHT
AND 15 FEET LEFT OF SAID RAILROAD CENTERLINE;
THENCE CONTINUING EASTERLY ALONG SAID CURVE TO THE RIGHT (CURVE
DATA BEING RADIUS 485.92 FEET, DELTA=06 DEGREES 02 MINUTES 56 SECONDS,
LONG CHORD=51.28 FEET, LONG CHORD BEARING=NORTH 88 DEGREES 27
MINUTES 54 SECONDS EAST), A DISTANCE OF 51.30 FEET;
THENCE SOUTH 88 DEGREES 30 MINUTES 38 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 163. 12 FEET TO A CURVE TO THE LEFT;
THENCE EASTERLY, ALONG SAID CURVE TO THE LEFT (CURVE DATA BEING
RADIUS=509.98 FEET, DELTA=20 DEGREES 44 MINUTES 23 SECONDS, LONG
CHORD= 183.59 FEET. LONG CHORD BEARING=NORTH 81 DEGREES 07 MINUTES 11
SECONDS EAST), A DISTANCE OF 184.60 FEET;
THENCE NORTH 70 DEGREES 44 MINUTES 59 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 109.70 FEET TO A CURVE TO THE RIGHT;
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THENCE EASTERLY, ALONG SAID CURVE TO THE RIGHT (CURVE DATA BEING
RADIUS=J97.54 FEET, DELTA= 15 DEGREES 15 MINUTES 10 SECONDS, LONG
CHORD= 105.52 FEET, LONG CHORD BEARING=NORTH 78 DEGREES 22 MINUTES 34
SECONDS [AST), A DISTANCE or 105.83 FEET;
THENCE NORTH 86 DEGREES 00 MINUTES 09 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE or 228.64 FEET;
THENCE NORTH 85 DEGREES 20 MINUTES 46 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE or 7.JJ FEET TO THE POINT OF ENDING OF
SAID RAILROAD CENTERLINE EXCEPTION.
SAID AREA OF CSX RAILROAD EASEMENT-9.05 ACRES± (ACREAGE DOES NOT
INCLUDE THE AREA IN THE EXCEPTION)
ALSO EXCEPT (MCC REALTY, LLC EXCEPTION) A PORTION OF THE CSX
RAILROAD RIGHT-OF-WAY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 35 (LIBER 3790,
PAGE 454), THENCE NORTH 02 DEGREES 13 MINUTES 09 SECONDS EAST, ALONG
THE WEST LINE OF SAID SECTION 35, A DISTANCE OF 2664.66 FEET TO THE WEST
1/4 CORNER OF SAID SECTION 35, THENCE NORTH 02 DEGREES 13 MINUTES 09
SECONDS EAST, A DISTANCE OF 343.92 FEET TO A MEANER CORNER; THENCE
NORTH 87 DEGREES 51 MINUTES 30 SECONDS WEST, PARALLEL WITH THE EAST-
WEST 1/4 LINE OF SAID SECTION 34, A DISTANCE OF 3397.85 FEET, THENCE NORTH
05 DEGREES 53 MINUTES 27 SECONDS WEST, A DISTANCE OF 116.59 FEET TO THE
INTERSECTION OF THE NORTH LINE OF LAKESHORE DRIVE AND THE
CENTERLINE or THE CSX RAILROAD,
THENCE NORTH 86 DEGREES 54 MINUTES 57 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 74.87 FEET;
THENCE EASTERLY, ALONG SAID CSX RAILROAD CENTERLINE AND A CURVE TO
THE RIGHT (CURVE DATA BEING RADIUS= 1203.09 FEET, OELTA=06 DEGREES 05
MINUTES 55 SECONDS, LONG CHORD=28.00 FEET, LONG CHORD BEARING=NORTH
89 DEGREES 57 MINUTES 55 SECONDS EAST), A DISTANCE OF 128.06 FEET;
THENCE SOUTH 86 DEGREES 59 MINUTES 08 SECONDS EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 8.00 FEET, MORE OR LESS, TO THE POINT
OF BEGINNING OF SAID EXCEPTION; (RAILROAD RIGHT-OF-WAY IS 20 FEET WIDE,
BEING 10 FEET RIGHT ANO 10 FEET LEFT, MEASURED AT RIGHT ANGLES TO THE
FOLLOWING DESCRIBED CENTERLINE)
THENCE CONTINUING, SOUTH 86 DEGREES 59 MINUTES 08 SECONDS EAST,
ALONG SAID CSX RAILROAD CENTERLINE, A DISTANCE OF 235. 7J FEET;
Confidential
Page 67 of 99
THENCE SOUTH 87 DEGREES 06 MINUTES 01 SECOND EAST, ALONG SAID CSX
RAILROAD CENTERLINE, A DISTANCE OF 574.83 FEET TO THE POINT OF ENDING.
Confidential
Page 68 of 99
EXHIBIT 2
LIMITS OF LAND OR RESOURCE USE RESTRICTIONS
Page 69 of 99
Y:\Mapping\Projects\194\1940103340\mxd\Figure 4_Proposed Barrier.mxd
!á
( N ADELAIDE POINT
HARTSHORN VILLAGE
S-61
.
!
.
! S-60
.
! S-59
S-44 S-45
. !
. . S-46 .
!
S-58
! !!
. S-47
S-42 .
!
S-43
.
!
.
! S-49 S-56
.
!
S-57 (1.5-2.5 FT)
.
! .
! S-50
S-51 S-52 .
! Benzo(a)pyrene: 5,600
MUSKEGON LAKE !
. S-41
.
! .
! .
!
.
! .
! S-55
S-40 S-48
.
!
.
! S-54
KTMW-11
(1-1.5 FT)
.
!
S-39 Arsenic: 27,000 S-53
.
!
(2-3 FT)
SB-49 Benzo(a)pyrene: 2,400
S-38
(1-3 FT)
.
!
S-37
.
! Manganese: 7,300,000
S-36
.
!
LAKE .
! S-35
CSX PROPERTY
MICHIGAN
.
! S-34
.
! S-33
S-32
.
!
S-31
.
!
.
! S-30
MUSKEGON LAKE .
! S-29
. S-28
!
S-27
. TMW-11
!!
.
S-26
.
!
.
! S-25
.
! S-24
S-23
.
!
.
! S-22
S-21
S-20,40N
.
!
!
.
.
!
S-20
S-18 .
!
PROJECT: 169000XXXX | DATED: 3/12/2024 | DESIGNER: STOLZSD
.
! S-19
.
!
S-16 S-17
.
!
.
! S-15
S-13,30N
.
!
!
. S-14
S-9 S-11,30N
S-12 .
!
(1.5-2.5 FT) !
.
.
! S-13
Arsenic: 16,000 .
!
S-11
S-5,30N
.
!
S-8,30N .
! S-10
(2-3 FT) ! !
. . S-8
Arsenic: 9,600 S-6 .
!
S-1 .
! S-7
(1-2 FT) !
.
.
! (2-3 FT)
Arsenic: 9,100 S-2 .
! S-5
Arsenic: 8,300
.
! .
! S-4
.
! S-3
. SAMPLING LOCATION
! NOTE:
Results shown in micrograms per kilogram (µg/Kg).
PROPOSED BARRIER LOCATIONS FIGURE 04
PROPOSED BARRIER LOCATION
Sampling Locations are approximate, taken from Fishbeck
ADELAIDE POINT TRAIL (APPROX. 0.66 ACRES) Baseline Environmental Assessment.
HARTSHORN VILLAGE TRAIL (APPROX. 0.42 ACRES) RAMBOLL US CORPORATION
A RAMBOLL COMPANY
CSX RAILROAD PROPERTY (APPROX. 3.2 ACRES)
0 375 750
Feet CITY OF MUSKEGON
Page 70 of 99
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 26, 2024 Title: Contract Award: H92344 Edgewater &
H92340 Millard
Submitted by: Joel Brookens, Engineer, Dan Department: DPW- Engineering
VanderHeide, Public Works Director
Brief Summary:
Staff is requesting authorization to approve a contract with McCormick Sand, Inc. in the amount of
$822,395.00 for road reconstruction work on Edgewater, Lakeshore Drive to Thompson; and Millard,
Lake Dune to dead end.
Detailed Summary & Background:
Bids were solicited for a construction project to reconstruct Edgewater; Lakeshore Drive to Thompson;
and Millard; Lake Dune to dead end. McCormick Sand provided the low bid. Bid tabulation is
attached.
The bids did come in over budget by almost $300,000, however the consistency in the bid prices from
firm to firm suggests the pricing is accurate. The streets funds have a healthy fund reserve and can
absorb the additional costs; during the FY24-25 budgeting process the capital improvement plan
(CIP) will be reviewed to make sure that included projects are within the funds available.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Sustainability in financial practices and infrastructure
Goal/Action Item:
2027 Goal 4: Financial Infrastructure - Maximized efficient use of existing infrastructure
Amount Requested: Budgeted Item:
$822,395.00 Yes x No N/A
Fund(s) or Account(s): Budget Amendment Needed:
202-901-801-92344 - Edgewater $425,000.00 Yes x No N/A
203-901-801-92340 - Millard $397,395.00
Recommended Motion:
Move to authorize staff to enter into a contract with McCormick Sand, Inc in the amount of
$822,395.00 for the reconstruction of Edgewater and Millard according to the construction plans.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Page 71 of 99
Information
Technology
Other Division Heads X
Communication
Legal Review
Page 72 of 99
BID TABULATION
City of Muskegon Project Engineer: Date: 3/13/2024
Egineering Department Project Number:
Project description:
Engineers Estimate Mc Cormick Sand Wadel Stabilization Terra Contracting Anlaan
Line Item Pay Code Description Units Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total
Edgewater
1 1100001 Mobilization, Max LSUM 1 20000 $ 20,000.00 $ 42,500.00 $ 42,500.00 $ 38,000.00 $ 38,000.00 $ 40,000.00 $ 40,000.00 $ 43,500.00 $ 43,500.00
2 2030015 Sewer, Rem, Less than 24 inch Ft 423 15 $ 6,345.00 $ 22.00 $ 9,306.00 $ 15.00 $ 6,345.00 $ 19.00 $ 8,037.00 $ 15.00 $ 6,345.00
3 2037050 Dr Structure, Rem, Modified Ea 8 400 $ 3,200.00 $ 700.00 $ 5,600.00 $ 365.00 $ 2,920.00 $ 950.00 $ 7,600.00 $ 650.00 $ 5,200.00
4 2040020 Curb and Gutter, Rem Ft 11 10 $ 110.00 $ 14.00 $ 154.00 $ 18.00 $ 198.00 $ 20.00 $ 220.00 $ 30.00 $ 330.00
5 2040055 Sidewalk, Rem Syd 35 11 $ 385.00 $ 14.00 $ 490.00 $ 9.00 $ 315.00 $ 12.00 $ 420.00 $ 20.00 $ 700.00
6 2047011 Pavt, Rem, Modified Syd 3837 5 $ 19,185.00 $ 8.00 $ 30,696.00 $ 5.00 $ 19,185.00 $ 3.75 $ 14,388.75 $ 8.00 $ 30,696.00
7 2057002 Machine Grading, Modified Sta 8.5 2500 $ 21,250.00 $ 3,500.00 $ 29,750.00 $ 4,480.00 $ 38,080.00 $ 3,000.00 $ 25,500.00 $ 1,500.00 $ 12,750.00
8 2080020 Erosion Control, Inlet Protection, Fabric Drop Ea 8 110 $ 880.00 $ 150.00 $ 1,200.00 $ 160.00 $ 1,280.00 $ 150.00 $ 1,200.00 $ 150.00 $ 1,200.00
9 2090001 Project Cleanup LSUM 1 1000 $ 1,000.00 $ 700.00 $ 700.00 $ 935.00 $ 935.00 $ 4,500.00 $ 4,500.00 $ 2,000.00 $ 2,000.00
10 3020020 Aggregate Base, 8 inch Syd 2716 8 $ 21,728.00 $ 20.00 $ 54,320.00 $ 21.00 $ 57,036.00 $ 20.00 $ 54,320.00 $ 17.50 $ 47,530.00
11 3060021 Maintenance Gravel, LM Cyd 100 15 $ 1,500.00 $ 25.00 $ 2,500.00 $ 5.00 $ 500.00 $ 75.00 $ 7,500.00 $ 50.00 $ 5,000.00
12 4020600 Sewer, Cl E, 12 inch, Tr Det B Ft 40 100 $ 4,000.00 $ 100.00 $ 4,000.00 $ 147.00 $ 5,880.00 $ 135.00 $ 5,400.00 $ 105.00 $ 4,200.00
13 4027001 Sewer, Ductile Iron, CL 52, 10 inch, Tr Det B Ft 302 60 $ 18,120.00 $ 100.00 $ 30,200.00 $ 182.00 $ 54,964.00 $ 175.00 $ 52,850.00 $ 100.00 $ 30,200.00
14 4027001 Sewer, PVC SDR 35, 15 inch, Tr Det A2 Ft 145 60 $ 8,700.00 $ 100.00 $ 14,500.00 $ 172.00 $ 24,940.00 $ 135.00 $ 19,575.00 $ 90.00 $ 13,050.00
15 4030004 Dr Structure Cover, Adj, Case 1, Modified Ea 1 1000 $ 1,000.00 $ 1,130.00 $ 1,130.00 $ 870.00 $ 870.00 $ 750.00 $ 750.00 $ 650.00 $ 650.00
16 4030006 Dr Structure Cover, Adj, Case 2 Ea 1 500 $ 500.00 $ 900.00 $ 900.00 $ 685.00 $ 685.00 $ 750.00 $ 750.00 $ 600.00 $ 600.00
17 4030312 Dr Structure, Tap, 12 inch Ea 1 700 $ 700.00 $ 750.00 $ 750.00 $ 800.00 $ 800.00 $ 2,000.00 $ 2,000.00 $ 450.00 $ 450.00
18 4030315 Dr Structure, Tap, 15 inch Ea 1 600 $ 600.00 $ 790.00 $ 790.00 $ 800.00 $ 800.00 $ 2,200.00 $ 2,200.00 $ 455.00 $ 455.00
19 4037050 Catch Basin 2 Ft Dia Special Detail Ea 2 1800 $ 3,600.00 $ 2,700.00 $ 5,400.00 $ 1,770.00 $ 3,540.00 $ 3,500.00 $ 7,000.00 $ 3,800.00 $ 7,600.00
20 4037050 Catch Basin 4 Ft Dia Special Detail Ea 3 1700 $ 5,100.00 $ 3,200.00 $ 9,600.00 $ 2,885.00 $ 8,655.00 $ 4,200.00 $ 12,600.00 $ 4,800.00 $ 14,400.00
21 4037050 Dr Structure Cover, Type B, Modified Ea 2 700 $ 1,400.00 $ 700.00 $ 1,400.00 $ 600.00 $ 1,200.00 $ 950.00 $ 1,900.00 $ 650.00 $ 1,300.00
22 4037050 Dr Structure Cover, Type K, Modifed Ea 5 800 $ 4,000.00 $ 925.00 $ 4,625.00 $ 800.00 $ 4,000.00 $ 1,300.00 $ 6,500.00 $ 900.00 $ 4,500.00
23 5010025 Hand Patching Ton 10 150 $ 1,500.00 $ 200.00 $ 2,000.00 $ 200.00 $ 2,000.00 $ 210.00 $ 2,100.00 $ 200.00 $ 2,000.00
24 5012025 HMA, 4EML Ton 632 85 $ 53,720.00 $ 99.75 $ 63,042.00 $ 99.75 $ 63,042.00 $ 106.00 $ 66,992.00 $ 99.74 $ 63,035.68
25 8017011 Driveway, Nonreinf Conc, 6 Inch, Modified Syd 557 45 $ 25,065.00 $ 48.00 $ 26,736.00 $ 48.00 $ 26,736.00 $ 67.00 $ 37,319.00 $ 70.60 $ 39,324.20
26 8020038 Curb and Gutter, Conc, Det F4 Ft 1817 22 $ 39,974.00 $ 20.00 $ 36,340.00 $ 18.00 $ 32,706.00 $ 26.00 $ 47,242.00 $ 26.60 $ 48,332.20
27 8030010 Detectable Warning Surface Ft 68 40 $ 2,720.00 $ 36.00 $ 2,448.00 $ 36.00 $ 2,448.00 $ 50.00 $ 3,400.00 $ 70.00 $ 4,760.00
28 8030030 Curb Ramp Opening, Conc Ft 86 25 $ 2,150.00 $ 20.00 $ 1,720.00 $ 18.00 $ 1,548.00 $ 26.00 $ 2,236.00 $ 26.60 $ 2,287.60
29 8030044 Sidewalk, Conc, 4 inch Sft 131 4 $ 524.00 $ 6.00 $ 786.00 $ 5.00 $ 655.00 $ 6.00 $ 786.00 $ 5.90 $ 772.90
30 8032002 Curb Ramp, Conc, 6 inch Sft 151 6 $ 906.00 $ 6.00 $ 906.00 $ 5.00 $ 755.00 $ 8.00 $ 1,208.00 $ 5.90 $ 890.90
31 8032003 Curb Ramp, Conc, 7 inch Sft 401 9 $ 3,609.00 $ 7.00 $ 2,807.00 $ 6.00 $ 2,406.00 $ 8.00 $ 3,208.00 $ 6.90 $ 2,766.90
32 8120012 Barricade, Type III, High Intensity, Double Sided, Lighted, Furn Ea 6 90 $ 540.00 $ 60.00 $ 360.00 $ 80.00 $ 480.00 $ 65.00 $ 390.00 $ 60.00 $ 360.00
33 8120013 Barricade, Type III, High Intensity, Double Sided, Lighted, Oper Ea 6 5 $ 30.00 $ 1.00 $ 6.00 $ 5.00 $ 30.00 $ 5.00 $ 30.00 $ 1.00 $ 6.00
34 8120026 Pedestrian Type II Barricade, Temp Ea 3 100 $ 300.00 $ 80.00 $ 240.00 $ 90.00 $ 270.00 $ 100.00 $ 300.00 $ 80.00 $ 240.00
35 8120100 Dust Palliative, Applied Ton 30 30 $ 900.00 $ 0.10 $ 3.00 $ 1.00 $ 30.00 $ 1.00 $ 30.00 $ 150.00 $ 4,500.00
36 8120170 Minor Traf Devices LSUM 1 2000 $ 2,000.00 $ 18,750.00 $ 18,750.00 $ 9,500.00 $ 9,500.00 $ 4,000.00 $ 4,000.00 $ 22,000.00 $ 22,000.00
Page 1 of 3
Page 73 of 99
BID TABULATION
City of Muskegon Project Engineer: Date: 3/13/2024
Egineering Department Project Number:
Project description:
Engineers Estimate Mc Cormick Sand Wadel Stabilization Terra Contracting Anlaan
Line Item Pay Code Description Units Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total
37 8120252 Plastic Drum, Fluorescent, Furn Ea 44 25 $ 1,100.00 $ 17.00 $ 748.00 $ 22.00 $ 968.00 $ 25.00 $ 1,100.00 $ 17.00 $ 748.00
38 8120253 Plastic Drum, Fluorescent, Oper Ea 44 1 $ 44.00 $ 1.00 $ 44.00 $ 1.00 $ 44.00 $ 5.00 $ 220.00 $ 1.00 $ 44.00
39 8120350 Sign, Type B, Temp, Prismatic, Furn Sft 353.5 5 $ 1,767.50 $ 3.00 $ 1,060.50 $ 3.00 $ 1,060.50 $ 5.00 $ 1,767.50 $ 3.00 $ 1,060.50
40 8120351 Sign, Type B, Temp, Prismatic, Oper Sft 353.5 1 $ 353.50 $ 1.00 $ 353.50 $ 1.00 $ 353.50 $ 5.00 $ 1,767.50 $ 1.00 $ 353.50
41 8120352 Sign, Type B, Temp, Prismatic, Spec, Furn Sft 40 8 $ 320.00 $ 7.00 $ 280.00 $ 4.00 $ 160.00 $ 10.00 $ 400.00 $ 7.00 $ 280.00
42 8120353 Sign, Type B, Temp, Prismatic, Spec, Oper Sft 40 1 $ 40.00 $ 1.00 $ 40.00 $ 1.00 $ 40.00 $ 5.00 $ 200.00 $ 1.00 $ 40.00
43 8160062 Topsoil Surface, Furn, 4 inch Syd 1541 4 $ 6,164.00 $ 6.50 $ 10,016.50 $ 6.00 $ 9,246.00 $ 4.25 $ 6,549.25 $ 12.00 $ 18,492.00
44 8167011 Hydroseeding Syd 1541 1 $ 1,541.00 $ 2.50 $ 3,852.50 $ 1.50 $ 2,311.50 $ 3.45 $ 5,316.45 $ 2.00 $ 3,082.00
45 8237050 Water Valve Box and Cover, Complete Ea 2 500 $ 1,000.00 $ 975.00 $ 1,950.00 $ 980.00 $ 1,960.00 $ 750.00 $ 1,500.00 $ 2,800.00 $ 5,600.00
Millard
1 1100001 Mobilization, Max 10% LSUM 1 35000 $ 35,000.00 $ 39,700.00 $ 39,700.00 $ 30,100.00 $ 30,100.00 $ 40,000.00 $ 40,000.00 $ 50,000.00 $ 50,000.00
2 2020002 Tree, Rem, 19 inch to 36 inch Ea 1 5000 $ 5,000.00 $ 1,950.00 $ 1,950.00 $ 1,980.00 $ 1,980.00 $ 3,500.00 $ 3,500.00 $ 2,500.00 $ 2,500.00
3 2020004 Tree, Rem, 6 inch to 18 inch Ea 2 335 $ 670.00 $ 400.00 $ 800.00 $ 250.00 $ 500.00 $ 900.00 $ 1,800.00 $ 750.00 $ 1,500.00
4 2020006 Stump, Rem, 19 inch to 36 inch Ea 1 400 $ 400.00 $ 480.00 $ 480.00 $ 250.00 $ 250.00 $ 500.00 $ 500.00 $ 250.00 $ 250.00
5 2040020 Curb and Gutter, Rem Ft 4 30 $ 120.00 $ 20.00 $ 80.00 $ 61.00 $ 244.00 $ 50.00 $ 200.00 $ 30.00 $ 120.00
6 2047011 Pavt, Rem, Modified Syd 2757 3.5 $ 9,649.50 $ 6.00 $ 16,542.00 $ 5.30 $ 14,612.10 $ 3.75 $ 10,338.75 $ 8.00 $ 22,056.00
7 2057002 Machine Grading, Modified Sta 10.8 5000 $ 54,000.00 $ 2,900.00 $ 31,320.00 $ 4,745.00 $ 51,246.00 $ 3,500.00 $ 37,800.00 $ 2,500.00 $ 27,000.00
8 3020016 Aggregate Base, 6 inch Syd 2879 9 $ 25,911.00 $ 18.00 $ 51,822.00 $ 17.40 $ 50,094.60 $ 15.00 $ 43,185.00 $ 17.50 $ 50,382.50
9 3060020 Maintenance Gravel Ton 7 27 $ 189.00 $ 25.00 $ 175.00 $ 10.00 $ 70.00 $ 200.00 $ 1,400.00 $ 60.00 $ 420.00
10 4027001 Sewer, PVC SDR 35, 12 inch, Tr Det B Ft 328 50 $ 16,400.00 $ 64.00 $ 20,992.00 $ 96.40 $ 31,619.20 $ 95.00 $ 31,160.00 $ 72.00 $ 23,616.00
11 4030004 Dr Structure Cover, Adj, Case 1, Modified Ea 5 1000 $ 5,000.00 $ 1,130.00 $ 5,650.00 $ 870.00 $ 4,350.00 $ 750.00 $ 3,750.00 $ 650.00 $ 3,250.00
12 4030210 Dr Structure, 48 inch dia Ea 3 3500 $ 10,500.00 $ 2,000.00 $ 6,000.00 $ 500.00 $ 1,500.00 $ 3,500.00 $ 10,500.00 $ 4,000.00 $ 12,000.00
13 4037050 Catch Basin 2 Ft Dia Special Detail Ea 2 2165 $ 4,330.00 $ 1,900.00 $ 3,800.00 $ 2,000.00 $ 4,000.00 $ 3,000.00 $ 6,000.00 $ 2,900.00 $ 5,800.00
14 4037050 Catch Basin, 4 Ft Dia, Special Detail Ea 1 2500 $ 2,500.00 $ 3,000.00 $ 3,000.00 $ 2,885.00 $ 2,885.00 $ 3,500.00 $ 3,500.00 $ 3,900.00 $ 3,900.00
15 4037050 Dr Structure Cover, Type B, Modified Ea 6 500 $ 3,000.00 $ 700.00 $ 4,200.00 $ 600.00 $ 3,600.00 $ 950.00 $ 5,700.00 $ 650.00 $ 3,900.00
16 4037050 Dr Structure Cover, Type D, Modified Ea 2 600 $ 1,200.00 $ 950.00 $ 1,900.00 $ 800.00 $ 1,600.00 $ 950.00 $ 1,900.00 $ 850.00 $ 1,700.00
17 4037050 Dr Structure Cover, Type K, Modifed Ea 1 700 $ 700.00 $ 925.00 $ 925.00 $ 800.00 $ 800.00 $ 950.00 $ 950.00 $ 900.00 $ 900.00
18 5012025 HMA, 4EML Ton 548 100 $ 54,800.00 $ 104.00 $ 56,992.00 $ 104.15 $ 57,074.20 $ 110.00 $ 60,280.00 $ 104.15 $ 57,074.20
19 6020104 Conc Pavt, Nonreinf, 8 inch Syd 103 60 $ 6,180.00 $ 48.00 $ 4,944.00 $ 48.00 $ 4,944.00 $ 75.00 $ 7,725.00 $ 76.60 $ 7,889.80
20 8010007 Driveway, Nonreinf Conc, 8 inch Syd 20 65 $ 1,300.00 $ 48.00 $ 960.00 $ 48.00 $ 960.00 $ 75.00 $ 1,500.00 $ 74.60 $ 1,492.00
21 8017011 Driveway, Nonreinf Conc, 6 Inch, Modified Syd 685 55 $ 37,675.00 $ 47.00 $ 32,195.00 $ 47.00 $ 32,195.00 $ 65.00 $ 44,525.00 $ 64.60 $ 44,251.00
22 8020038 Curb and Gutter, Conc, Det F4 Ft 21 22 $ 462.00 $ 30.00 $ 630.00 $ 30.00 $ 630.00 $ 25.00 $ 525.00 $ 29.60 $ 621.60
23 8030044 Sidewalk, Conc, 4 inch Sft 42 4 $ 168.00 $ 6.00 $ 252.00 $ 5.00 $ 210.00 $ 6.50 $ 273.00 $ 9.60 $ 403.20
24 8120170 Minor Traf Devices LSUM 1 12000 $ 12,000.00 $ 17,700.00 $ 17,700.00 $ 2,575.00 $ 2,575.00 $ 2,500.00 $ 2,500.00 $ 21,300.00 $ 21,300.00
25 8230095 Hydrant, Relocate, Case 1 Ea 1 3500 $ 3,500.00 $ 2,500.00 $ 2,500.00 $ 2,975.00 $ 2,975.00 $ 6,500.00 $ 6,500.00 $ 4,500.00 $ 4,500.00
26 8237001 Water Service, 1 inch, Copper Type K Ft 511 27 $ 13,797.00 $ 35.00 $ 17,885.00 $ 68.80 $ 35,156.80 $ 25.00 $ 12,775.00 $ 115.00 $ 58,765.00
27 8237001 Water Service, Private Property, 1 inch Ft 766 35 $ 26,810.00 $ 26.00 $ 19,916.00 $ 59.00 $ 45,194.00 $ 35.00 $ 26,810.00 $ 110.00 $ 84,260.00
Page 2 of 3
Page 74 of 99
BID TABULATION
City of Muskegon Project Engineer: Date: 3/13/2024
Egineering Department Project Number:
Project description:
Engineers Estimate Mc Cormick Sand Wadel Stabilization Terra Contracting Anlaan
Line Item Pay Code Description Units Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total
28 8237050 Corporation Stop, 1 inch Ea 20 250 $ 5,000.00 $ 850.00 $ 17,000.00 $ 760.00 $ 15,200.00 $ 950.00 $ 19,000.00 $ 650.00 $ 13,000.00
29 8237050 Curb Stop and Box, 1 inch Ea 26 200 $ 5,200.00 $ 760.00 $ 19,760.00 $ 915.00 $ 23,790.00 $ 650.00 $ 16,900.00 $ 500.00 $ 13,000.00
30 8237050 Water Service, Building Connection, 1 inch Ea 24 800 $ 19,200.00 $ 600.00 $ 14,400.00 $ 1,095.00 $ 26,280.00 $ 950.00 $ 22,800.00 $ 500.00 $ 12,000.00
31 8237050 Water Valve Box and Cover, Complete Ea 3 1100 $ 3,300.00 $ 975.00 $ 2,925.00 $ 980.00 $ 2,940.00 $ 1,650.00 $ 4,950.00 $ 1,500.00 $ 4,500.00
$ - $ - $ - $ - $ -
Edgewater $ 289,571.00 $ 425,000.00 $ 429,877.50 $ 463,272.45 $ 453,632.38
Millard $ 363,961.50 $ 397,395.00 $ 449,574.90 $ 429,246.75 $ 532,351.30
Total BID: $ 653,532.50 $ 822,395.00 $ 879,452.40 $ 892,519.20 $ 985,983.68
Page 3 of 3
Page 75 of 99
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 26, 2024 Title: Extension of Partnership Agreement Boys &
Girls Club of the Muskegon Lakeshore
Submitted by: Kyle Karczewski, Parks and Department: DPW- Parks
Recreation Director
Brief Summary:
Staff is requesting authorization to extend our contract with the Boys & Girls Club of the Muskegon
Lakeshore for temporary staffing services during the 2024 maintenance season.
Detailed Summary & Background:
The Boys & Girls Club anticipates providing approximately 8 staff split in two teams, and in
consultation with DPW, identified two service areas that they would be well suited for:
1. Landscape maintenance, waste-removal and general support in the BID area downtown.
2. Restroom cleaning and waste removal at various parks.
DPW typically hires up to 30 seasonal employees each year from GoodTemps (Goodwill). The staffing
provided by this agreement will take the place of an approximately equal number of our typical
seasonal employees, helping DPW fill our roster during the labor shortage and providing employment
and training for younger community members. Temporary staffing is accounted for in the annual
budget of the departments that use these services. The employees under this agreement are
included in the parks (general) fund budget.
We have raised the contract $10,000 due to the closing of Community Encompass work programs
creating more space within the budget for this program, and the opportunity for recreation
assistance.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Blight cleanup
Enhanced Parks and Recreation Department and Services
Events and activities
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Parks and Recreation Department and
Services
Amount Requested: Budgeted Item:
$50,000.00 Yes x No N/A
Fund(s) or Account(s): Budget Amendment Needed:
101-770 Yes No x N/A
Recommended Motion:
Page 76 of 99
Authorize staff to contract with the Boys and Girls Club of the Muskegon Lakeshore for temporary
staffing services during the 2024 maintenance season.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information
Technology
Other Division Heads
Communication
Legal Review x
Page 77 of 99
CITY OF MUSKEGON
CONTRACT FOR TEMPORARY STAFFING SERVICES
This Agreement is effective upon execution between the City of Muskegon, a Michigan
municipal corporation, of 933 Terrace Street, Muskegon, MI 49443 (“City”) and the Boys and
Girls Club of the Muskegon Lakeshore, of 900 W Western Avenue, Muskegon, MI 49441
(“Contractor”) with reference to the following facts:
RECITALS
A. Contractor requested to partner with the Public Works Department to maintain parks,
landscaping and other facilities throughout the city.
B. Contractor agreed to provide approximately eight staff in two teams of approximately four
each, with one supervisor per team, to support the Public Works Department in maintaining
the parks, landscaping and other facilities.
NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the parties agree as follows:
1. Services. Contractor shall provide the following services:
a. In the area known as the Business Improvement District (BID), including nearby
parks and city properties, maintaining flower beds and other landscaping by
removing weeds and other undesirable plants and items, turf maintenance using
push mowers and other hand-operated equipment, picking up loose debris and
refuse (trash), emptying refuse containers, and performing other cleaning and
maintenance tasks as designated by Public Works Department Staff.
b. Picking up loose debris and refuse (trash), emptying refuse containers, cleaning
restrooms, and performing other cleaning and maintenance tasks as designated by
Public Works Department Staff in parks and other City-owned properties. This
effort is primarily envisioned at Beukema Playfield, Reese Playfield, Sheldon Park,
and McCrea Playfield, however other parks or properties may be assigned by Public
Works Department Staff in consultation with Contractor.
c. During the months of June, July and August, the contractor will provide up to 35
hours of labor per week per employee. During April, May, September and October,
the contractor will provide a reduced workforce to support critical efforts. The
employees are students and will not have as much availability during the school
year.
2. Equipment. The City shall supply safety equipment mandated for employees while on
assignment with the City, together with other equipment described herein.
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a. The City shall supply hand-operated equipment that directly supports the tasks
described in this agreement and other duties as assigned by Public Works
Department Staff in consultation with the Contractor; examples of this equipment
includes hand-operated lawn mowers, string trimmers, leaf blowers, hand tools
such as rakes and spades, and cleaning equipment such as brushes and bottles. The
City will provide materials to support the efforts, such as gasoline, string line, paper
towel(s), cleaning solutions and refuse bags.
b. If available for use, the City may supply a self-propelled utility cart to assist with
refuse disposal, carrying equipment and staff relocation, based from a facility
within or near the BID, for Contractor’s use. All operators of such a cart must be
licensed within the State of Michigan to operate a motor vehicle and carry a current
driver’s license. The City will provide materials to support the cart, such as
gasoline.
c. If available for use, the City may supply a motor vehicle and/or utility trailer to
assist with refuse disposal, carrying equipment and staff relocation, based from the
City’s Public Works Facility at 1350 E. Keating Avenue, Muskegon, MI 49442, for
Contractor’s use. All operators of such a vehicle and/or utility trailer must be
licensed within the State of Michigan to operate a motor vehicle and carry a current
driver’s license. The City will provide materials to support the vehicle, such as
gasoline.
d. The City will perform any required maintenance on City-owned equipment. The
City reserves the right, in its sole discretion, to withdraw the use of equipment if
deemed in the best interest of the City. Any damage caused to rented or borrowed
equipment is the responsibility of the Contractor.
e. In the event the City is unable to provide equipment, and upon written approval
from City, the Contractor may rent equipment that is deemed necessary for the
Services. The City will provide materials to support rented equipment, such as
gasoline and other consumables not included in rental costs. Maintenance of rented
equipment shall be the responsibility of the Contractor. The City will reimburse the
cost of the equipment rental at actual cost, including maintenance costs.
3. Expenses. Contractor shall be responsible to pay for all expenses incurred by Contractor
related to the performance of its duties under this Agreement, except as described in
Section 2.e of this agreement.
4. Contract Billing. City agrees to pay Contractor, in full consideration for the complete
performance of Contractor’s obligations under this Agreement:
a. Youth will be paid at a rate of $13/hour.
b. Supervisors will be paid at a rate of $17/hour.
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c. For all labor, Contractor will bill a markup of 37.5% to cover taxes, insurance and
administrative costs. Expenses, when reimbursable, will be billed at actual cost.
5. Payment. Contractor shall submit detailed invoices on a monthly basis for the prior
month’s services. Payments according to this agreement are invoiced and paid on a
monthly basis. Requests for payment shall be submitted on a detailed invoice to the City
monthly for the previous month. The City agrees that payment shall be due on net 30-day
terms.
6. Specific Reservations. City reserves the right to discontinue its use of temporary
employees from contractor as it determines appropriate.
7. Terms and Termination. This Agreement shall be effective on the date of execution, and
shall remain in full force and at the same terms through April 14, 2025, with an option to
renew for an additional term, if mutually agreed upon by both parties as memorialized in a
written and signed agreement.
8. Commencement and Damages.
a. Commencement. Contractor shall commence performance under this Agreement
upon its execution.
The City shall notify Contractor of any violation of the Agreement. It shall be the
duty of Contractor to remedy a Contractor violation.
Failure to perform pursuant to this Agreement for a period in excess of five (5)
consecutive scheduled, working days, or failure for a similar period, to perform in
the manner required, and provided such failure is not a result of war, insurrection,
riots, or acts of God, the City may, at its option and after written notice to
Contractor, utilize any or all of Contractor’s equipment used in performance of this
Agreement until such time the matter is resolved and the Contractor is performing
under the terms of the Agreement.
b. Appeal. The City’s determination regarding damages shall be final and binding on
both parties unless appealed, in writing, to the City Manager or his designee within
ten (10) working days after notice. The City Manager or his designee shall grant
Contractor an informal hearing upon such request. The decision of the City
Manager shall be final and binding.
9. Insurance and Indemnity.
a. City Insurance Requirement. The contractor, and any and all of their
subcontractors, shall not commence work under this contract until they have
obtained the insurance required under this paragraph, and shall keep such insurance
in force during the entire life of this contract. All coverage shall be with insurance
companies licensed and admitted to do business in the State of Michigan and
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acceptable to City of Muskegon. The requirements below should not be interpreted
to limit the liability of the Contractor. All deductibles and SIRs are the
responsibility of the Contractor.
b. Worker’s Compensation Insurance, including Employers’ Liability Coverage, in
accordance with all applicable statutes of the State of Michigan.
c. Commercial General Liability Insurance on an “Occurrence Basis” with limits
of liability not less than $1,000,000 per occurrence and aggregate. Coverage shall
include the following extensions: (A) Contractual Liability; (B) Products and
Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form
General Liability Extensions or equivalent, if not already included; (E) Deletion of
all Explosion, Collapse, and Underground (XCU) Exclusions, if applicable.
d. Automobile Liability, including Michigan No-Fault Coverages, with limits of
liability not less than $1,000,000 per occurrence combined single limit for Bodily
Injury, and Property Damage. Coverage shall include all owned vehicles, all non-
owned vehicles, and all hired vehicles
e. Additional Insured: Commercial General Liability and Automobile Liability, as
described above, shall include an endorsement stating the following shall be
Additional Insureds: The City of Muskegon, all elected and appointed officials, all
employees and volunteers, agents, all boards, commissions, and/or authorities and
board members, including employees and volunteers thereof. It is understood and
agreed by naming the City of Muskegon as additional insured, coverage afforded
is considered to be primary and any other insurance the City of Muskegon may
have in effect shall be considered secondary and/or excess.
f. Cancellation Notice: Worker’s Compensation Insurance, Commercial General
Liability Insurance, and Automobile Liability Insurance, as described above, shall
be endorsed to state the following: It is understood and agreed Thirty (30) days,
Ten (10) days for non-payment of premium, Advance Written Notice of
Cancellation, Non-Renewal, Reduction, and/or Material Change shall be sent to:
City of Muskegon, Finance and Administrative Services Director, 933 Terrace St,
PO Box 536, Muskegon, Michigan 49443-0536.
g. Proof of Insurance Coverage. Contractor shall provide the City at the time the
contracts are returned for execution, certificates and policies endorsing the City as
additional insured as listed below:
i. Two (2) copies of Certificates of Insurance for Workers’ Compensation
Insurance, if applicable;
ii. Two (2) copies of Certificate of Insurance for Commercial General Liability
Insurance; and
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iii. If so requested, Certified Copies of all policies mentioned above will be
furnished.
If any of the above coverages expire during the term of this contract, Contractor
shall deliver renewal certificates and/or policies to City at least ten (10) days prior
to the expiration date.
h. Indemnity. Contractor shall indemnify and save harmless the City against and from
all costs, expenses, liabilities, claims, suits, action, and demands of every kind or
nature, including reasonable attorney fees, by or on behalf of any person, party, or
governmental authority whatsoever arising out of Contractor’s services performed
under this agreement, Contractor’s failure to perform under this agreement,
Contractor’s use of City equipment, or Contractor’s failure to comply with any
laws, ordinances, requirements, orders, directions, rules, or regulations of any
federal, state, county, or local governmental authority.
10. Income Tax Withholding. Contractor shall withhold income taxes from each employee,
and pay such tax in accordance with the City of Muskegon Income Tax Ordinance and all
applicable laws associated with that ordinance. Contractor shall require the same from
each subcontractor, consultant or vendor used in the performance of his duties and
obligations in this Agreement. City reserves the right to withhold payments otherwise due
to Contractor to assure compliance with this Agreement or to cure such noncompliance.
11. General Provisions.
a. Notices. Any notice that either party may give or is required to give under this
Agreement shall be in writing, specify the position, department and location
assigned, and, if mailed, shall be effective on the day it is delivered to the other
party at the other party’s address set forth in this Agreement or at any other address
that the other party provides in writing. Notices given in person are effective on the
day they are given. Notices to the City must copy the City Attorney at 601 Terrace
St., Muskegon, MI 49440.
b. Governing Law. This Agreement is executed in accordance with, shall be
governed by, and construed and interpreted in accordance with, the laws of the State
of Michigan.
c. Assignment or Delegation. Neither party shall assign all nor any portion of its
rights nor obligations contained in this Agreement without express prior written
approval of the other party, which approval may be withheld in the other party’s
sole discretion.
d. Entire Agreement. This Agreement and the documents specified in section 1 shall
constitute the entire agreement, and shall supersede any other Agreements, written
or oral, that may have been made or entered into, by, and between the parties with
respect to the subject matter of this Agreement, and shall not be modified or
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amended except in a subsequent writing signed by the party against whom
enforcement is sought.
e. Binding Effect. This Agreement shall be binding upon, and to the benefit of, and
be enforceable by, the parties and their respective legal representatives, permitted
successors, and assigns.
f. Waiver. City may waive all or any portion of damages without prejudicing its
rights under this Agreement.
g. Severability. Should any one or more of the provisions of this Agreement be
determined to be invalid, unlawful, or unenforceable in any respect, the validity,
legality, and enforceability of the remaining provisions of this agreement shall not
in any way be impaired or affected.
h. Venue. The parties agree that, for purposes of any dispute in connection with this
Agreement, the Muskegon County District or Circuit Court shall have exclusive
personal and subject matter jurisdiction and venue.
i. Survival. All representations, warranties, and covenants in this Agreement shall
survive the signing of this Agreement.
j. Written Clarification. In the event that there are inconsistencies within the
Agreement, the Contractor shall immediately notify the City, in writing, for a
determination, interpretation, clarification and/or prioritization of the
inconsistencies.
City and Contractor have executed this Agreement on the date written next to their
signatures to be effective according to the term(s) stated in this document.
Date: ,2024 CITY OF MUSKEGON
By:
Ken Johnson, Mayor
And:
Ann Meisch, Clerk
Date: ,2024 BOYS AND GIRLS CLUB OF
THE MUSKEGON LAKESHORE
By:
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 26, 2024 Title: Sale of 466, 486 Erickson; 1172, 1243, 1357
Marquette; 1554 Marcoux, 325 Jackson, and 509
Octavius.
Submitted by: Samantha Pulos, Planner Department: Planning
Brief Summary:
Staff is seeking authorization to sell the City-owned vacant lots at 466, 486 Erickson; 1172, 1243, 1357
Marquette; 1554 Marcoux, 325 Jackson, and 509 Octavius to Stephen Benedict, Stephens Home and
Investments LLC.
Detailed Summary & Background:
Stephen Benedict would like to purchase the City-owned buildable lots at 466, 486 Erickson; 1172,
1243, 1357 Marquette; 1554 Marcoux, 325 Jackson, and 509 Octavius to build single family homes. 325
Jackson and 509 Octavius will be split into two buildable lots each. 325 Jackson will have two new
addresses on Erickson.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Create an environment that effectively attracts new residents and retains existing residents by filling
existing employment gaps, attracting new and diverse businesses to the city, and expanding access
to a variety of high-quality housing options in Muskegon. Diverse housing types.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Diverse housing types
Amount Requested: Budgeted Item:
N/A Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A x
Recommended Motion:
To authorize the Code Coordinator to complete the sale of 466, 486 Erickson; 1172, 1243, 1357
Marquette; 1554 Marcoux, 325 Jackson, and 509 Octavius, as described in the attached purchase
agreement and to have the Mayor and Clerk sign the purchase agreement.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
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Technology
Other Division Heads x
Communication
Legal Review x
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: March 26, 2024 Title: City Manager Evaluation Process
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
A committee of three Commissioners met on March 19th to review the current City Manager
evaluation process adopted in 2008. The committee created a more simplified review process with
eight questions to be scored.
Detailed Summary & Background:
The committee comprising of three Commissioners is recommending that Department Heads be
asked to answer questions 1, 2, 4, 5, 6, and 8 anonymously and the public be asked to answer
questions 1, 2, 3, and 4 anonymously. These evaluations are to be provided to commissioners before
they conduct their own evaluation of the City Manager.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 3: Community Connection
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
To adopt the new format for the City Manager evaluation and direct the City Clerk to send out an
anonymous questionnaire to citizens and Department Heads as outlined above.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads X
Communication
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Legal Review
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CITY OF MUSKEGON
CITY MANAGER EVALUATION
Introduction
The City Commission should conduct an annual evaluation of the City Manager. The goal of the
evaluation is to evaluate professional performance, not the person occupying the office. Evaluations
conducted by elected boards include an inherent high risk of partiality and/or bias if they are judging
the City Manager as a person, particularly given the elected board’s limited exposure to the City
Manager’s day-to-day management activities.
The organization’s performance should be the primary basis for evaluating the City Manager. To
accomplish this, the City Commission must clarify what impact and/or end results the City is trying
to achieve. This includes defining the specific results or indicators the City Commission will
monitor. Thus, if the organization is doing a good job of accomplishing its goals, is financially
sound, etc., the City Manager is considered to also be performing well. This prevents elected board
members from evaluating the executive on personal characteristics that are not relevant to
organizational performance and could otherwise include inaccurate or limited information, hearsay,
or individual personal judgments.
While the City Commission hires and can terminate the City Manager, it is important for
Commission members to realize that their relationship with the City Manager is not one of a usual
work supervisor. A supervisor assigns tasks to their employee and works with the employee on a
day to day basis. The supervisor also observes the employee’s performance from many angles while
participating in the same organizational structure and operating with the same constraints and
processes. Conversely, the City Commission governs the organization as a group and has a
partnership with the City Manager - to whom they have delegated the authority to manage the
organization so that it achieves the end results defined by the City Commission’s goals. It is these
end results that the City Commission has the responsibility to monitor.
The evaluation is scored on a point system as follows:
1 – Exceeds Expectations
2 – Meets Expectations
3 – Needs Improvement
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1. PROFESSIONALISM:
Deals effectively and appropriately with the public and other organizations. Devotes time
and energy to the job. Demonstrates high ethical standards in the organization. Works to
keep "politics" and personal perspectives out of the decision-making process. Stays active
in professional organizations and regional issues.
Score 1 - 3
Comments:
2. COMMUNICATIONS:
Insures that Commissioners receive important information in a timely and effective
manner. Presents the Commission and community with clear and accurate verbal and
written reports and information. Responds to correspondence, requests, and complaints,
timely and appropriately. Facilitates open two-way communication and encourages mutual
honesty and respect with the Commission, staff, and community.
Score 1 - 3
Comments:
3. COMMUNITY RELATIONS:
Makes an effort to understand general community issues and concerns. Remains actively
involved in the community. Works proactively with community stakeholders including
surrounding governmental organizations. Works effectively with community
organizations including Muskegon Public Schools and other agencies. Educates the
community on City goals and services as well as challenges and concerns.
Score 1 -3
Comments:
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4. LEADERSHIP:
Provides the Commission and the organization with real solutions and creative alternatives to
issues and problems. Anticipates and responds to issues. Ensures that Commission decisions are
thought out, objective, and are legal and ethical. Makes use of sound administrative practices.
Leads the organization through effective management of people and tasks. Effectively represents
the City's interests when dealing with other parties.
Score 1 - 3
Comments:
5. FINANCIAL MANAGEMENT:
Ensures the budget is properly prepared, manages and communicates the budget. Demonstrates
ingenuity and creativity in approaching budgetary matters, including both short-term and long-
range planning for the organization. Maintains and prioritizes fiscal responsibilities.
Score 1 - 3
Comments:
6. MANAGEMENT OF THE ORGANIZATION:
Effectively runs the operations of the organization. Creates a collaborative, team building
environment for staff. Recognizes the accomplishments of staff and other agencies working on
behalf of the City. Actively works to align City's work with identified Strategic Priorities.
Supports professional growth and opportunity within the organization. Accepts full
accountability for staff and the outcome of City projects or decisions. Identifies organizational
problems and takes remedial action.
Score 1 - 3
Comments:
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7. RELATIONSHIP WITH CITY COMMISSION:
Accessible to all City Commissioners. Provides regular updates to Commissioners, keeping
them informed about current and critical issues. Follows through with Commissioners
concerns. Carries out and supports Commissioner’s directives and actions.
Score 1 - 3
Comments:
8. POLICY EXECUTION:
Understands, supports and enforces City's laws, ordinances and policies. Implements City
policy consistently and fairly, based upon Commission decisions. Works on accomplishing
Commission identified goals. Focuses on the City's Strategic Priorities.
Score 1 - 3
Comments:
_____________________________________________________________________________
Cumulative Score
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